State Appeals VanWeelden New Trial Ruling

Henry 'Willie' VanWeelden Tuesday evening at the candidate forum, just hours after learning about the State's appeal for a new trial

Oskaloosa, Iowa – In a new wrinkle to an already complicated legal battle, the State of Iowa is appealing the ruling filed on May 18, 2012, in the Mahaska County District Court granting a new trial to Henry ‘Willie’ VanWeelden. Documents filed May 29, 2012 outline the State’s desire to appeal the new trial motion.

The motion for a new trial handed down by the Honorable Paul D. Miller has effectively been put on hold. “The State further appeals from any and all adverse rulings arising therefrom.”

VanWeelden’s attorney Matt Moore was unable to comment further because of the ongoing litigation in this case.

The case will now land on the desk of the Supreme Court of Iowa. Once the case is briefed and argued with the Supreme Court, it will then be decided whether the case will be retained by the Supreme Court or be transferred to the Court of Appeals.

If the Court of Appeals ends up hearing the case, either party that would happen to lose, would then have the option of asking the Supreme Court to review the decision.

The process can be a long one, with it not being unusual for an appeal to take in excess of a year.