State of Iowa v. Prince G. Paye

IN THE SUPREME COURT OF IOWA
No. 19–1760
Polk County No. AGCR329495
ORDER
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).
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
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.”).
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ELECTRONICALLY FILED

NOV 10, 2022

CLERK OF SUPREME COURT

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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
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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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