State of Iowa v. Jaylen Michael Derek Davis
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1688
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1688
Filed October 7, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Jaylen Michael Derek Davis,
Defendant–Appellant.
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Interlocutory Appeal from the Iowa District Court for Harrison County,
The Honorable Justin R. Wyatt, Judge.
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AFFIRMED
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Amanda Heims, Council Bluffs, attorney for appellant.
Brenna Bird, Attorney General, and Genevieve Reinkoester, 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 Schumacher, J.
1
SCHUMACHER, Judge.
On interlocutory appeal, Jaylen Davis challenges the district court’s
order denying his motion for reverse waiver to juvenile court. Upon our
review, we affirm.
BACKGROUND FACTS AND PROCEEDINGS
In April 2025, Davis was sixteen years old when he was alleged to have
engaged in sexual intercourse with a thirteen-year-old female. The State filed
a trial information charging Davis with second-degree sexual abuse, in
violation of Iowa Code sections 709.1, 709.3(1)(b), and 903B.1 (2025). Davis
moved to transfer jurisdiction to juvenile court.
A waiver hearing took place in August 2025. The State introduced a
waiver report completed by juvenile court officer ( JCO) Teresa Conway,
along with Conway’s testimony recommending that Davis’s case remain in
district court. The defense introduced a report by psychologist Dr. Kirk
Newring, along with Dr. Newring’s testimony opining Davis did not present
a risk of recidivism and recommending that Davis’s case be transferred to
juvenile court.
The district court denied Davis’s motion for reverse waiver. Davis
filed an application for interlocutory appeal. The supreme court granted the
application and transferred this case to our court for disposition.
STANDARD OF REVIEW
Because Davis’s challenge to the district court’s waiver decision
involves the court’s “statutory discretion under Iowa Code section 232.45,
we review for an abuse of discretion.” See State v. Erdman, 996 N.W.2d 544,
2
548 (Iowa 2023). “We review constitutional claims de novo.” State v.
Mahana, 36 N.W.3d 706, 712 (Iowa 2026) (citation omitted).
ANALYSIS
“A child age sixteen or older charged with a forcible felony is not
subject to the jurisdiction of the juvenile court, but is subject to the
jurisdiction of adult court.” State v. Neitzel, 801 N.W.2d 612, 618 (Iowa Ct.
App. 2011); accord Iowa Code § 232.8(1)(c). “However, upon a motion and
for good cause, the court may transfer jurisdiction of the child to the juvenile
court in a ʻreverse waiver.’” Neitzel, 801 N.W.2d at 618; accord Iowa Code
§ 232.8(1)(c). In cases initiated in adult court, such as here, the child has “the
burden to show good cause for a reverse waiver to juvenile court.” Erdman,
996 N.W.2d at 549.
In considering whether jurisdiction of the child should be transferred,
the court “may direct a juvenile court officer to provide a report regarding
whether the child should be transferred to juvenile court for adjudication and
disposition as a juvenile.” Iowa Code § 803.6(1). The court may then “hold
a hearing on whether the child should be transferred [to juvenile court],” id.
§ 803.6(2), after which “the court may transfer jurisdiction to the juvenile
court if the court determines that waiver to the criminal court would be
inappropriate under the criteria” set forth in section 232.45(6)(c) and (8), id.
§ 803.6(3).
Here, the district court followed this procedure, applied the statutory
factors, and considered the evidence in the record, which included
recommendations from the JCO and Dr. Newring. Ultimately, the court
determined “the State has met its burden to show that there are no
reasonable prospects for rehabilitation if juvenile court retains jurisdiction
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and Davis has failed to meet his burden” to show “that his case should be
transferred to juvenile court.” Specifically, the court noted in part:
Juvenile Court Services routinely works with youth sex offenders through
inpatient programs and extended outpatient programs. Inpatient sex
offender treatment programs typically last 18 to 24 months. Outpatient
programs normally take participants 1 to 2 years to complete. Davis is
currently 17 years and 4 months old. He turns 18 in about 8 months. JCO
Conway believes that is insufficient time for him to successfully complete
treatment before his 18th birthday.
Treatment services could continue through the juvenile court on a
voluntary basis beyond [Davis]’s 18th birthday for up to 18 months. There
would be no Iowa Code 232 funding available for continued treatment, so
it would have to be paid for by [Davis]’s family. Once on a voluntary basis,
the only sanction for non-compliance would be contempt of court with a
relatively short jail sentence as the only remedy. [Davis] could be
undergoing treatment now on a voluntary basis, but the family says they
cannot afford it. JCO Conway[] believes that Davis’[s] lack of compliance
with school rules, lack of attendance, not completing homework, and
suspensions do not indicate that he would successfully complete sex
offender treatment before his 18th birthday, or after on a voluntary basis.
JCO Conway’s report further states if Davis does not admit to the offense,
a trial could extend past his 18th birthday, leaving Juvenile Court with no
enforceable sanctions and limiting any reasonable prospects for
rehabilitation.
....
Davis is charged with one forcible felony—sexual abuse in the
second degree. The charge involves sexually abusing a much younger
child. The nature and extent of the delinquent acts, weigh against a transfer
to juvenile court. Furthermore, Davis is only 8 months from his 18th
birthday. Davis’s insubordination and non-attendance at school do not
support the argument that he could complete sex offender treatment on an
accelerated basis prior to his 18th birthday. Based on these factors, as well
as Davis not admitting to the allegations, there are no reasonable prospects
for rehabilitation for Davis through juvenile court services.
4
On appeal, Davis does not challenge the court’s determination that he
met the first two factors in section 232.45(6)—that he is fourteen years of age
or older and that probable cause existed to believe he committed a public
offense. Id. § 232.45(6)(a)–(b). Instead, he claims the court “failed to apply
all of the factors of Iowa Code section 232.45(6)(c)”—which requires the
court to “determine[] that the state has established that there are not
reasonable prospects for rehabilitating the child” in juvenile court, and that
adult-court jurisdiction “over the child for the alleged commission of the
public offense would be in the best interests of the child and the community.”
Id. § 232.45(6)(c).
Section 232.45(8) “contains a nonexhaustive list of factors that the
juvenile court must consider in deciding” the third element of
section 232.45(6). Erdman, 996 N.W.2d at 549. That list includes:
a. The nature of the alleged delinquent act and the circumstances
under which it was committed.
b. The nature and extent of the child’s prior contacts with juvenile
authorities, including past efforts of such authorities to treat and
rehabilitate the child and the response to such efforts.
c. The programs, facilities and personnel available to the juvenile
court for rehabilitation and treatment of the child, and the programs,
facilities and personnel which would be available to the court that would
have jurisdiction in the event the juvenile court waives its jurisdiction so
that the child can be prosecuted as an adult.
Iowa Code § 232.45(8)(a)–(c).
Davis acknowledges the district court “correctly cited . . . the factors
it should include in its analysis,” but he claims the court “failed to provide
analysis with respect to these factors.” This claim is unpersuasive. The court
received evidence and testimony from both parties as to the necessary
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factors, which the court evaluated in its ruling. The court noted the
circumstances of the offense, whether Davis had a criminal record or prior
contact with juvenile court, and Davis’s prospects of rehabilitation given his
personal characteristics and social history. The court evaluated the treatment
programs available to Davis whether his case was prosecuted in juvenile or
adult court. Ultimately, based on the evidence presented, the court
determined what option would provide Davis with the best chance for
rehabilitation under the circumstances of this case.
Davis also claims the court “relied heavily on the testimony of [ JCO]
Conway and gave little weight to the testimony of Dr. Kirk Newring.”
According to Davis, if the court had appropriately analyzed the factors, the
court would have concluded “they weigh strongly in favor of [Davis].”
However, it was within the court’s discretion to weigh the evidence and
testimony. And in doing so, the court was “not limited to” consideration of
the enumerated factors in section 232.45(8). Id. § 232.45(8); accord Erdman,
996 N.W.2d at 549. We further observe that the court detailed information
provided by both Dr. Newring and JCO Conway in its analysis and ruling.
Upon our review, we conclude the district court considered the
appropriate factors and did not abuse its discretion in denying Davis’s motion
to transfer to juvenile court.
Davis also claims “the State denied [him] due process when it
purposely delayed his charging.”1 Davis further argues the State’s decision
to charge him with a forcible felony for “allegations of sexual contact between
a sixteen (16) year old and a thirteen (13) year old” when “[n]o force, drugs
1
Specifically, Davis claims the police began investigating his case in April 2025,
but the State—“for unknown reasons”—“did not execute the arrest warrant until August
1, 2025,” which violated his right to due process.
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or alcohol, or coercion was used” “goes against public policy and violates his
constitutional rights.”
The State counters that Davis’s constitutional claims are not
preserved for review because they were neither raised before nor decided by
the district court. But we conclude that we lack jurisdiction over these claims,
as such were not raised in Davis’s application for interlocutory review. See In
re Marriage of Zahnd, 567 N.W.2d 684, 686 (Iowa Ct. App. 1997); accord In re
Marriage of Graziano, 573 N.W.2d 598, 600 (Iowa 1998); Iowa R. App.
P. 6.104(1)(a). Davis only requested and received permission to appeal the
district court’s denial of the reverse waiver.2 See Koss v. City of Cedar Rapids,
300 N.W.2d 153, 156 (Iowa 1981) (finding the issues raised in an application
for interlocutory review “set the parameters of any appellate-court
jurisdiction” and jurisdiction of issues not raised in the application).
We limit our consideration to this issue for which interlocutory review
was requested and granted. See Iowa R. App. P. 6.104(1)(e) (requiring
applications for interlocutory review to comply with “the content and form
requirements of rules 6.1002(1) and 6.1007” and “state with particularity the
substantial rights affected by the challenged ruling or order”). Having
considered the claim properly before us, we affirm.
AFFIRMED.
2
Even if Davis had included his constitutional claims in the application for
interlocutory review, the district court did not rule on the claims Davis now raises or any
variation thereof. Because Davis’s constitutional claims were neither raised before nor
decided by the district court, they are not preserved. See Meier v. Senecaut, 641 N.W.2d
532, 537 (Iowa 2002).
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