State of Iowa
v.
Lukouxs Alan Brown
Defendant Lukouxs Brown was granted an interlocutory appeal of the district court’s ruling finding he had been restored to competency and reinstating the criminal proceedings against him. The court of appeals, on de novo review of the record, reversed the district court’s ruling and remanded for entry of an order suspending the criminal proceedings indefinitely and continuing restoration treatment under Iowa Code section 812.6. The State seeks further review and requests the supreme court overrule State v. Lyman, 776 N.W.2d 865 (Iowa 2010), and apply a correction-of-errors, substantial-evidence review of the district court’s finding of competency.
Applicant
State of Iowa
Resister
Lukouxs Alan Brown
Attorneys for the Applicant
Louis S. Sloven
Katherine Wenman
Attorney for the Resister
Melinda J. Nye
Supreme Court
Oral Argument Schedule
15-15-5
Sep 12, 2024 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.