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Case No. 22-1188

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Lukouxs Alan Brown

County:
Wright

Appellee

State of Iowa

Appellant

Lukouxs Alan Brown

Attorney for the Appellee

Kyle Hanson (until withdrawal), Louis S. Sloven, and Katherine Wenman, Assistant Attorneys General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1188
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Special Concurrence by Buller, J.  (24 pages)

                On interlocutory appeal, Lukouxs Brown challenges the district court’s ruling that he was restored to competency.  OPINION HOLDS: We find the preponderance of the evidence shows that Brown remains incompetent to stand trial but is making progress in regaining competency.  We accordingly reverse the district court’s decision and remand for the entry of an order suspending the criminal proceedings indefinitely and placing Brown in continued restoration treatment.  SPECIAL CONCURRENCE ASSERTS: I concur under Iowa’s unusual de novo standard of review but remain unconvinced the standard is correct.

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