State of Iowa v. Prince G. Paye
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IN THE SUPREME COURT OF IOWA No. 19–1760 CLERK OF SUPREME COURT Polk County No. AGCR329495 ORDER STATE OF IOWA, Appellee, vs. PRINCE G. PAYE, Appellant. NOV 10, 2022 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; ELECTRONICALLY FILED 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.”). 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 19-1760 Case Title State v. Paye So Ordered Electronically signed on 2022-11-10 08:07:26 3 of 3
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