State of Iowa v. Jack Losee
895 N.W.2d 482
| Iowa Ct. App. | 2017Background
- Jack Losee was convicted of two counts of first‑degree murder in 1983 and sentenced to life without parole; the sentence included an order to pay court costs and attorney fees.
- In 1994 the Department of Corrections implemented a restitution plan requiring Losee to pay $11,344.37 toward those costs.
- Losee repeatedly challenged the restitution obligation in prior proceedings; those challenges were denied.
- In October 2015 Losee filed a petition under Iowa Code § 910.7 seeking a hearing, alleging payment-record inaccuracies, no statement of costs at sentencing, and that the restitution judgment expired after twenty years.
- The State did not respond; Losee moved for summary judgment. The district court denied relief, concluding post‑30‑day § 910.7 petitions are civil and must be filed under chapter 610A (inmate civil‑filing scheme).
- Losee appealed; the court of appeals reversed, holding chapter 610A does not apply to § 910.7 petitions and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chapter 610A (inmate civil‑filing restrictions) applies to petitions for a restitution hearing filed under Iowa Code § 910.7 more than 30 days after sentencing | The State: § 910.7 petitions filed more than 30 days after sentencing are civil in nature and therefore inmates must file under chapter 610A, with its filing requirements and penalties | Losee: § 910.7 provides its own procedure and gatekeeping for restitution hearings; chapter 610A should not be imposed on § 910.7 petitions | Court: Reversed — chapter 610A does not apply to § 910.7 petitions; district court erred by dismissing for failure to proceed under chapter 610A |
Key Cases Cited
- State v. Losee, 354 N.W.2d 239 (Iowa 1984) (underlying conviction and sentencing)
- State v. Alpach, 554 N.W.2d 882 (Iowa 1996) (describing post‑30‑day § 910.7 petitions as civil for purposes of appointment of counsel)
- Maghee v. Iowa Dist. Ct., 712 N.W.2d 687 (Iowa 2006) (chapter 610A intended to deter frivolous inmate civil suits)
- Lamasters v. State, 821 N.W.2d 856 (Iowa 2012) (appellate preservation and interpretation of district court rulings)