Taylor v. State

This case involves a question concerning the district court's authority and discretion on limited remand from an appeal in postconviction proceedings. Previously, we granted limited remand and instructed the district court to rule on a pre-existing motion. Thereafter, an amended motion was filed which prompted the court to recuse itself and grant a new trial. Because we feel it was error for the district court to grant a new trial, we remand the case for a ruling on the original motion. I. Factual Background and Procedure The appellee, Francis J. Taylor, was convicted in 1991 for willfully failing to pay income taxes in 1985 and 1986. Iowa Code §§ 422.25(5), 714.8(10), 714.9 (1989). He was sentenced to two concurrent ten-year terms of imprisonment and ordered to pay a $4000 fine. Taylor appealed this sentence to our court, and we remanded for reconsideration. Upon resentencing, Taylor received a suspended sentence in 1992.