State of Iowa v. Thomas Edward Olsen, 2011 Iowa Sup. LEXIS 8

Olsen, indigent, was charged with domestic abuse and received court-appointed counsel under Iowa Code 815.9–815.10.
A jury acquitted Olsen; judgment of acquittal entered January 30, 2009.
After acquittal, district court levied $525.30 for court reporter fees (Feb. 3, 2009) and $4,574.49 for attorney fees (Mar. 24, 2009) under 815.9(4) without a payment-ability hearing.
In May 2009, Dudley held 815.9(4) unconstitutional and required a hearing on ability to pay for such fees.
Olsen moved June 19, 2009 to reduce/eliminate the obligations; district court denied July 22, 2009 as untimely and not properly supported, arguing Dudley applied prospectively only.
Olsen appealed the July 22 ruling but appellate issues centered on whether Dudley could be retroactively applied and whether the district court lacked jurisdiction due to final judgments and untimely post-judgment motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May Dudley apply retroactively here?	Olsen contends Dudley should apply to/time-barred cases.	State argues Dudley should be prospective or untimely to apply after final judgments.	Time-barred cannot receive Dudley retroactive benefit; retroactivity not decided.
Did district court have jurisdiction to reconsider under 815.9 after final judgments?	Olsen asserts Dudley hearings could be ordered post-final judgment.	State maintains final judgments fixed; jurisdiction lost without timely post-judgment motion.	District court lacked jurisdiction due to final judgments and untimely motion; Dudley not retroactively applicable.
Was Olsen’s motion to reduce/eliminate timely and proper?	Olsen argues motion should be considered under Dudley standards.	State asserts untimely post-judgment motion cannot toll appeal period.	Motion untimely; did not revive jurisdiction.

State v. Dudley, 766 N.W.2d 606 (Iowa 2009) (decision holding 815.9(4) unconstitutional without ability-to-pay hearing)
Robco Transportation, Inc. v. Ritter, 356 N.W.2d 497 (Iowa 1984) (trial court lacks jurisdiction to review final judgments absent timely post-judgment motion)
Snyder v. Allamakee County, 402 N.W.2d 416 (Iowa 1987) (final judgments; lack of timely post-judgment motion bars relief)
Lutz v. Iowa Swine Exports Corp., 300 N.W.2d 109 (Iowa 1981) (timeliness of posttrial motion governs tolling of appeal period)
Kent Feeds, Inc. v. Stanwood Feed & Grain Co., 186 N.W.2d 593 (Iowa 1971) (finality of an order and its appealability)
Iowa Pub. Serv. Co. v. Sioux City, 116 N.W.2d 466 (Iowa 1962) (decrees deemed final when finality not challenged)
Bd. of Water Works Trustees v. City of Des Moines, 469 N.W.2d 700 (Iowa 1991) (independence of collateral/independent claims; separately appealable)
Lynch v. City of Des Moines, 464 N.W.2d 236 (Iowa 1990) (separate appeal of attorney fee award from merits)
Graber v. Iowa Dist. Ct., 410 N.W.2d 224 (Iowa 1987) (judicial authority to modify judgments absent proper post-judgment motion)
State v. Sluyter, 763 N.W.2d 575 (Iowa 2009) (civil appeal standards applicable to this matter)
Hills Bank & Trust Co. v. Converse, 772 N.W.2d 764 (Iowa 2009) (preservation and timeliness of claims on appeal)