State of Iowa v. Prince G. Paye

• Court: Supreme Court of Iowa
• Decided: November 10, 2022
• Docket: 19-1760
• Status: Published

Opinion

IN THE SUPREME COURT OF IOWA

No. 19–1760

Polk County No. AGCR329495

ORDER CLERK OF SUPREME COURT

STATE OF IOWA,

Appellee,

vs.

PRINCE G. PAYE,

Appellant.

The court, May, J., taking no part, being evenly divided, declares this case

affirmed by operation of law. See Iowa Code § 602.4107 (2022). NOV 10, 2022

The district court’s denial of Paye’s motion to suppress stands. Waterman,

Mansfield, and McDonald, JJ., would vacate the decision of the court of appeals

and affirm the judgment of the district court on the suppression issue;

Christensen, C.J., and Oxley and McDermott, JJ., would affirm the decision of ELECTRONICALLY FILED

the court of appeals and reverse the judgment of the district court on that issue.

The decision of the court of appeals is vacated, and the judgment of the district

court is affirmed. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen

the supreme court is equally divided . . . , the decision of the district court is

affirmed by operation of law.”).

1 of 3 Copies to:

Appellate Defender Lucas Building 321 E. 12th Street Des Moines, IA 50319

Melinda J. Nye State Appellate Defenders Office Fourth Floor Lucas Building Des Moines, IA 50319

Criminal Appeals Division Iowa Attorney General Hoover Building 1305 E. Walnut Des Moines, IA 50319

Aaron James Rogers Assistant Attorney General Hoover State Office Building 2nd Floor Des Moines, IA 50319

2 of 3 State of Iowa Courts Case Number Case Title 19-1760 State v. Paye So Ordered

Electronically signed on 2022-11-10 08:07:26

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