Case No. 17-1909

State of Iowa
v.
Lori Dee Mathes

Defendant appealed from a district court order dismissing a charge of possession of marijuana (third offense), the sole charge pending against her. Defendant contended the court erred by ordering her to pay the fees for her court-appointed attorney. The court of appeals dismissed the appeal on the State’s motion, finding defendant did not have a right to appeal from the order dismissing the charge, and declining to treat the appeal as a petition for writ of certiorari. Defendant sought further review.

Resister

State of Iowa

Applicant

Lori Dee Mathes

Attorney for the Resister

Martha E. Trout

Attorney for the Applicant

Rees Conrad Douglas

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 19, 2019 1:30 PM Iowa Supreme Court

Briefs

Appellant Brief (61.41 KB)

Appellant Reply Brief (35.09 KB)

Appellee Brief (311.82 KB)

American Civil Liberties Union Amicus Brief (544.22 KB)

State Appellate Defender Office Amicus Brief (217.37 KB)

Iowa County Attorneys Association Amicus Brief (64.09 KB)

Supplemental Appellant Brief (80.37 KB)

Supplemental Appellee Brief (232.46 KB)

Supreme Court Opinion

PDF of the Opinion (85.74 KB)

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Monona County, Duane E. Hoffmeyer, Judge.  APPEAL DISMISSED.  Considered by Potterfield, P.J., Doyle, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Lori Mathes appeals an order dismissing her criminal charges but requiring her to reimburse the State for her court-appointed attorney fees.  OPINION HOLDS: Because Mathes does not have the right of appeal from an order dismissing the criminal charge against her and she does not claim the district court acted beyond its authority, we dismiss her appeal.

PDF of the Opinion (122.83 KB)