State of Iowa v. Lori Dee Mathes

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IN THE SUPREME COURT OF IOWA No. 17–1909 CLERK OF SUPREME COURT Monona County No. SRCR016184 STATE OF IOWA, Appellee, vs. LORI DEE MATHES, Appellant. The court, McDermott, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2020). MAY 08, 2020 Christensen, C.J., and Waterman and Mansfield, JJ., would affirm the court of appeals decision dismissing the appeal from the district court order assessing court costs; Appel, McDonald, and Oxley, JJ., would vacate the court of appeals decision and vacate the district court’s cost award. “When the supreme court is equally divided on an issue . . . , the decision of the district ELECTRONICALLY FILED court is affirmed by operation of law.” State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009). Copies to: Rees Conrad Douglas The Benson Building 705 Douglas Street, Suite 323 Sioux City, IA 51101 Kevin Cmelik Martha E. Trout Assistant Attorneys General Criminal Appeals Division Second Floor, Hoover Building Des Moines, IA 50319 1 of 3 Rita N. Bettis Austen ACLU of Iowa 505 Fifth Avenue, Suite 901 Des Moines, IA 50306 Lisa Ann Foster 1701 Pennsylvania Ave., NW Washington, DC 20006 Alexander Vincent Kornya Iowa Legal Aid 1111 – 9th Street, Suite 230 Des Moines, IA 50309 Martha J. Lucey State Appellate Defender 4th Floor, Lucas Building 321 E. 12th Street Des Moines, IA 50319 Alan R. Ostergren Muscatine County Attorney Muscatine, IA 52761 2 of 3 State of Iowa Courts Case Number 17-1909 Case Title State v. Mathes So Ordered Electronically signed on 2020-05-08 07:57:44 3 of 3

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