Summary
noting the issue and listing the justices on each side
Summary of this case from Planned Parenthood of Heartland, Inc. v. Reynolds ex rel. StateOpinion
19-1760
11-10-2022
STATE OF IOWA, Appellee, v. PRINCE G. PAYE, Appellant.
Polk County No. AGCR329495
ORDER
Susan Larson Christensen Chief Justice
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.").