State of Iowa v. Kevin Richard Lane
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket24-1474
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 24-1474
Filed October 7, 2026
_______________
State of Iowa,
Plaintiff–Appellee,
v.
Kevin Richard Lane,
Defendant–Appellant.
_______________
Discretionary Review from the Iowa District Court
for Cerro Gordo County,
The Honorable Karen Kaufman Salic, Judge.
_______________
AFFIRMED
_______________
Leah Patton (argued) of Patton Legal Services, LLC, Ames,
attorney for appellant.
Brenna Bird, Attorney General, and Joshua Henry (argued),
Assistant Attorney General, attorneys for appellee.
_______________
Heard at oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Tabor, C.J.
1
TABOR, Chief Judge.
A jury convicted Kevin Lane for interference with official acts. He
challenges that simple misdemeanor conviction on three grounds. First, he
claims the magistrate should have granted his motion to suppress. Second,
Lane contends the marshaling instruction did not track the statutory
elements. Third, he claims the State presented insufficient evidence of his
guilt. Finding no legal errors, we affirm his conviction.
I. Facts and Prior Proceedings
Around 6:00 a.m., two officers from the Mason City Police
Department were dispatched to the home of Lane’s ex-wife. Lane was
outside banging on her door, and she wanted him to go away. When the
officers asked Lane to leave, he did so.
As Lane left, Officer Lucas Akemann followed to see if he was driving
because the officer knew Lane’s license was barred. Meanwhile, Officer Seth
McChesney stayed behind to speak with Lane’s ex-wife. She asked Officer
McChesney to issue a trespass notice banning Lane from her property.
While trailing Lane, Officer Akemann learned from dispatch that Lane
had “a civil paper that needed to be served.” Officer McChesney also radioed
Officer Akemann to notify him about the trespass notice. Officer Akemann
repeatedly called for Lane to stop. But Lane did not comply. When Lane
eventually paused, Officer Akemann asked him to wait until a deputy arrived
to serve him with the civil papers. Lane said the deputy could serve him at
his home and again walked away.
Still following, Officer Akemann told Lane that he needed to stop at
the patrol car waiting across a bridge so that they could issue the trespass
notice. When they reached the end of the bridge, Officer Akemann directed
2
Lane toward Officer McChesney’s car. Lane walked in the opposite direction
and refused to stop. Officer McChesney exited his car and told Lane: “This
is a lawful order for you to stop. You have a civil paper. Kevin, this is a lawful
order for you to stop.”
Again, Lane refused to stop. The officers grabbed Lane to prevent him
from walking away. The officers told Lane he was being detained. Lane
resisted, and there was a struggle. The officers took Lane to the ground, and
he resisted their attempts to handcuff him. “[H]e, what we call, turtled up.
He basically grabbed his belt underneath him so we could not get his hands
behind his back.” During the scuffle, Officer McChesney smelled alcohol on
Lane’s breath and told him that he was under arrest for public intoxication.
Soon Officer Nadia Bahnsen arrived to assist the officers struggling
with Lane on the ground. After they handcuffed him and led him to the police
car, Lane refused to get into the back seat. The officers instructed Lane many
times to sit in the car. After several rounds of refusal, Officer Akemann told
Lane it would be another offense for refusing to sit in the car. The officers
arrested Lane for interference with official acts and public intoxication.
The State charged Lane by trial information with interference with
official acts resulting in bodily injury, a serious misdemeanor, in violation of
Iowa Code section 719.1(1)(c) (2023). Lane pleaded not guilty. Later, the
State amended the charge to a simple misdemeanor in violation of
section 719.1(1)(b).
Lane moved to adjudicate a point of law and to suppress evidence
gathered during his encounter with police, arguing that the officers “did not
have the authority to detain [him] to serve him civil process, and therefore
3
[he] has common-law immunity to the charge in this case.”1 Lane also asked
the magistrate to overrule State v. Thomas, which held “a person may not
resist an arrest reasonably effected by one whom the arrestee knows . . . is a
peace officer, despite legality or illegality of the arrest.” 262 N.W.2d 607, 611
(Iowa 1978). The magistrate denied the motion to suppress and refused to
overrule Thomas.
At the close of the State’s case, Lane moved for judgment of acquittal,
alleging insufficient evidence that the officers could have served him with the
trespass notice or the civil papers. The magistrate denied the motion. Lane
also objected to the marshaling instruction and proposed his own version.
But the magistrate rejected his proposal. A jury found Lane guilty of
interference with official acts. The magistrate sentenced him to thirty days in
jail with credit for time served and imposed a minimum fine and
corresponding surcharge.
Lane appealed to the district court, alleging: (1) the magistrate erred
in denying his motion to suppress, (2) the marshaling instruction did not
follow the statute, and (3) the State offered insufficient evidence of his guilt.
The district court affirmed the magistrate’s rulings. Lane sought
discretionary review. The supreme court granted review and transferred the
case to us. Lane now reprises the arguments he advanced in the district court.
II. Motion to Suppress
Because Lane’s suppression claim involves his constitutional rights,
“our standard of review is de novo.” State v. Brown, 890 N.W.2d 315, 321
(Iowa 2017).
1
Lane relies on Iowa Code section 331.652(8), which lists the general power of the
sheriff to appoint civil process servers.
4
Lane argues the magistrate erred in denying his motion to suppress
because the officers did not have authority to execute civil process. Lane adds
that the officers were not in possession of the trespass notice or the civil
papers to be served when they ordered him to stop. Lane contends the
officers acted illegally in detaining him to serve civil papers or the trespass
notice, and thus he has common law immunity to the interference charge.
But, recognizing “adverse authority” against his claim, Lane asked the
supreme court to retain this case to overrule Thomas. Because the supreme
court transferred the case to us, and we cannot overrule Thomas,2 there is
little of Lane’s argument left.3 The alleged illegality of his detention was not
a valid basis for suppressing the evidence arising from the officer’s orders for
him to stop.
The magistrate properly denied Lane’s motion to suppress. And the
district court was correct to affirm the magistrate’s ruling. We, too, affirm.
III. Marshaling Instruction
We review the magistrate’s refusal to submit Lane’s proposed jury
instruction for correction of errors at law. See State v. Tipton, 897 N.W.2d 653,
694 (Iowa 2017). We examine the instructions as a whole to decide whether
they correctly state the law. Id.
“[L]ower courts in Iowa are [not] at liberty to anticipatorily overrule [the
2
supreme court’s] precedent.” Bomgaars v. State, 967 N.W.2d 41, 48 n.4 (Iowa 2021).
3
Not until his reply brief did Lane argue that Thomas applies only to arrests and
not to a detention like his encounter with police. But we decline to entertain that
distinction because an issue cannot be raised for the first time in a reply brief. See Young v.
Gregg, 480 N.W.2d 75, 78 (Iowa 1992).
5
The magistrate gave the jury this marshaling instruction:
The State must prove all of the following elements of Interference with
Official Acts.
1. On or about the 17th day of October, 2023, [Lane]:
a. Knew Lucas Akemann, Seth Mc[C]hesney, or Nadia Bahnsen
was a peace officer who was attempting to arrest [him]; or,
b. Knew Lucas Akemann, Seth Mc[C]hesney, or Nadia Bahnsen
was a peace officer who was attempting to serve a trespass ban notice on
[him]; or
c. Knew Lucas Akemann, Seth Mc[C]hesney, or Nadia Bahnsen
was assisting in the service of civil process on [him].
2. [Lane] knowingly resisted or obstructed Lucas Akemann, Seth
Mc[C]hesney, or Nadia Bahnsen in arresting, or serving [him] a trespass
ban notice, or in assisting with the service of civil process.
Lane argues the marshaling instruction did not accurately reflect
section 719.1(1)(a). That section states:
A person commits interference with official acts when the person
knowingly resists or obstructs anyone known by the person to be a peace
officer . . . in the performance of any act which is within the scope of the
lawful duty or authority of that officer, . . . or who knowingly resists or
obstructs the service or execution by any authorized person of any civil or
criminal process or order of any court.
(emphasis added).
Lane offers three reasons why the marshalling instruction was
incorrect: (1) it did not include a requirement that he knew the officers were
acting within the scope of their lawful duty or authority; (2) it assumed the
officers had the authority to assist in the service of civil process when it
should have been a jury question; and (3) the statute does not include the
6
words “assisting in the service of civil process” so they should not have been
included in the instruction.
Lane’s proposed instruction included a requirement that he knew the
officers were acting within the scope of their duty or authority and knew the
officers were “authorized to serve the defendant civil or criminal process.”
A. Knowledge Requirement
First, Lane claims that the State must prove not only that he knew the
status of the police officers but also that he knew they were acting within the
scope of their lawful duty or authority. We decline to read that extra element
into section 719.1(1)(a).
Lane contends that State v. Buchanan, 549 N.W.2d 291, 293 (Iowa
1996), supports his position. True, in Buchanan, the trial court instructed the
jury that the State needed to prove Buchanan “kn[e]w [the officer] was acting
within the scope of his lawful duty or authority.” 549 N.W.2d at 293. But the
issue there was not whether Buchanan believed the officer was acting within
the scope of his lawful duty or authority. Instead, Buchanan argued “the
requirements of ‘knowingly’ resisting and ‘intentionally’ opposing or
hindering official acts creates a specific-intent crime entitling him to a
specific-intent instruction.” Id. The court rejected Buchanan’s
argument. Id. at 294. The Buchanan court’s quotation of the jury instruction
was not an endorsement of Lane’s statutory interpretation. The court
included the instruction only to show the language used in that trial.
Buchanan does not support Lane’s position.
Section 719.1(1)(a) requires proof that the defendant knowingly
resisted or obstructed someone they knew to be a peace officer. The statute
does not require proof that the defendant knew the peace officer was acting
7
within the scope of their lawful duty or authority. For the first part of
section 719.1(1)(a), the legislature structured the statute to include three
components: (1) resistance or obstruction, (2) of a peace officer, (3) who is
performing an act within the officer’s lawful duty or authority. The statute
includes a knowing requirement for the first two components but is silent on
the third. Because the legislature chose to include a knowing requirement for
the first two components, we believe it would have included a knowing
requirement for the third component if it intended for the statute to require
knowledge that an officer is acting within their lawful duty or authority. See
State v. Lind, 37 N.W.3d 23, 29 (Iowa 2026) (“We find a statute’s meaning in
its text, the words that the legislature enacted.”). For the second part of
section 719.1(1)(a), there are two components: (1) resistance or obstruction,
(2) of the service or execution by any authorized person of any civil or
criminal process or court order. Again, the legislature included a knowing
requirement for the first component, but not the second.
The purpose of section 719.1(1) “is to enable officers to execute their
peace-keeping duties calmly, efficiently, and without hindrance.” Buchanan,
549 N.W.2d at 294 (citing State v. Hauan, 361 N.W.2d 336, 339 (Iowa Ct. App.
1984)). “Allowing an individual to make his or her own judgment as to
whether an officer is acting ‘within the scope of the lawful duty or authority,’
and to resist or obstruct if the individual believes the answer to be ‘no,’ is not
consistent with this purpose.” United States v. Clark, No. CR15-3030, 2015
WL 5184490, at *6 (N.D. Iowa Sep. 4, 2015).
The State’s marshaling instruction was correct in not including a
requirement that Lane know the officers were acting within the scope of their
lawful duty or authority.
8
B. Authorization to Serve Civil Process
Lane next argues the instruction assumed that the officers were
authorized to serve civil process when instead it should have been an issue
for the jury and that the language “assisting in the service of civil process”
was not in the statute so it should not have been included in the instruction.
The State contends that Lane did not preserve his challenge on this
portion of the marshaling instruction. “To preserve error on jury instruction,
counsel must timely and specifically object to the instruction, or request a
different instruction.” State v. Lillibridge, No. 21-0494, 2022 WL 1488562,
at *3 (Iowa Ct. App. May 11, 2022).
Lane broached the issue of whether the officers were authorized to
serve process. In his motion to suppress and adjudicate a point of law, he
asked the magistrate to rule that the officers were not authorized to serve civil
process. The magistrate ruled that whether the officers were authorized was
a jury question.4 Lane’s proposed marshaling instruction did not state that
the jury needed to decide whether the officers were authorized to serve
process. Rather, it required the jury to decide whether Lane knew the officers
were authorized to serve process. The two questions are distinct.
The parties addressed the issue at the instruction conference. The
prosecutor stated,
I do think he’s correct in that—as your previous order had stated,
I think . . . the jury question is whether there’s evidence that what they
were doing was within their legal authority. But it wasn’t whether the
defendant knew it. It’s whether it actually, I guess, was part of their duties.
So I think that is a jury question.”
4
We take no position on the accuracy of that ruling.
9
But we need not decide whether that issue was preserved because the
instruction does not assume the officers were authorized to serve civil
process. Instead, it states that Lane interfered with their efforts to assist in the
service of process.
On that point, Lane argues the statute does not include the words
“assisting in the service of civil process” so the magistrate should not have
included that language in the instruction. “Although an instruction need not
contain or mirror the precise language of the applicable statute, it must be a
correct statement of the law.” State v. Schuler, 774 N.W.2d 294, 298 (Iowa
2009). True, the statute does not mention assisting in the service of civil
process, but assisting in the service of process falls within an officer’s “lawful
duty or authority.” As the State pointed out, the instruction is “not arguing
that they were authorized to be process servers, it’s that at the Mason City
Police Department, the police officer is supposed to [assist]. . . . So that’s just
a way they were being obstructed in doing their duties.”
Officer Akemann testified: “So our official duty when it comes to civil
papers is the deputies are the ones that serve them, and if we have a subject
that needs to be served a paper, we hold them for deputies.” Officer
McChesney shared similar information: “[W]e don’t serve them. A deputy
will come on scene and serve them. We do assist with, once we locate
somebody, to keep them at the premises until they can be served.” This
procedure is supported by the fact that dispatch informed the officers that
Lane had a civil paper that needed to be served.
Because assisting with the service of civil process fell within the
officers’ lawful duty or authority, the marshaling instruction was a correct
statement of law.
10
IV. Sufficiency of the Evidence
Lane next argues there is insufficient evidence to support his
conviction for interference with official acts. We review challenges to the
sufficiency of evidence “for the correction of errors at law, viewing the
evidence in the light most favorable to the State.” State v. Brown, 996 N.W.2d
691, 695–96 (Iowa 2023). “In conducting that review, we are highly
deferential to the jury’s verdict” and we are bound by the verdict if it is
supported by substantial evidence. State v. Jones, 967 N.W.2d 336, 339 (Iowa
2021). “Evidence is substantial if it would convince a rational fact finder that
the defendant is guilty beyond a reasonable doubt.” State v. Biddle, 652
N.W.2d 191, 197 (Iowa 2002).
In its appellee’s brief, the State notes that Lane’s sufficiency argument
is limited to the third ground: whether the officers had authority to serve civil
papers. Because the jury returned a general verdict, the State urges us to
affirm on its alternative theories: that Lane interfered by knowingly resisting
or obstructing the officers in arresting him and serving a trespass notice.
In response, Lane argues for the first time in his reply brief that he
“challenges all three theories for interference with official acts.”5
We do not consider issues raised for the first time in a reply brief.
State v. Carroll, 767 N.W.2d 638, 644 (Iowa 2009). In his opening brief, Lane
only challenged the sufficiency of evidence for the third alternative:
interfering with the officers’ efforts to assist in the service of civil process.
Because Lane did not contest the other theories of guilt, we can affirm on
5
The State moved to strike the reply brief, arguing that Lane’s new claims were
not properly before the appellate courts. Instead of striking the entire reply brief, we
decline to consider those arguments not raised in the opening brief.
11
those grounds. See Iowa Code § 814.28; State v. Triplett, No. 19-1902, 2021
WL 3074475, at *1 (Iowa Ct. App. July 21, 2021). We will not disrupt the
jury’s general verdict.
AFFIRMED.
12