State of Iowa v. Shane Michael Power
CourtCourt of Appeals of Iowa
Date FiledNovember 4, 2026
Docket25-1469
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1469
Filed November 4, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Shane Michael Power,
Defendant–Appellant.
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Appeal from the Iowa District Court for Linn County,
The Honorable Casey D. Jones, Judge.
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AFFIRMED
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William Monroe, Burlington, attorney for appellant.
Brenna Bird, Attorney General, and Tessa Register, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Buller, J.
1
BULLER, Judge.
Shane Power appeals his conviction for driving while barred, an
aggravated misdemeanor. See Iowa Code §§ 321.560, .561 (2024).
We review for correction of errors at law. State v. Lang, 30 N.W.3d 757,
762 (Iowa Ct. App. 2025) (en banc). The crime of driving while barred has
two elements: the defendant was (1) driving and (2) barred from driving
because his license was suspended. State v. Williams, 910 N.W.2d 586, 593–94
(Iowa 2018). Video played at trial showed Power driving, and certified
records proved Power’s license was “barred” at that time. This alone
requires us to affirm under the applicable standard of review.
Power argues the deputy’s testimony was so unbelievable we should
reverse his conviction. But, as our recent en banc decisions have made clear,
we do not ordinarily substitute our credibility judgment for that of the fact-
finder. See Lang, 30 N.W.3d at 766; State v. Hernandez, 20 N.W.3d 502,
507–08 (Iowa Ct. App. 2025) (en banc). To the extent any authority persists
allowing us to decide sufficiency questions based on credibility, we decline.
We observe Power’s brief contains an assortment of quotes from
religious texts, fables, and more. None of these establish reversible error. We
also reject Power’s argument that a different standard should apply to crimes
based on whether they are malum in se or malum prohibitum.1 He cites no
authority supporting that claim, and we know of none.
AFFIRMED.
1
For a dry explanation of the difference between malum in se (evil in it itself ) and
malum prohibitum (prohibited evil), see Black’s Law Dictionary (12th ed. 2024). For a
discussion of the topic in a fictional law school classroom, see Legally Blonde, DVD, at
35:00–37:00 (Metro-Goldwyn-Mayer Pictures 2001).
2