The Iowa Court of Appeals has dismissed an appeal filed by Cody Ray Leveke against the State of Iowa and a state agent, Donald Schnitker. The court ruled that Leveke's appeal was untimely, which means he missed the deadline to contest a lower court's decision. This ruling affects Leveke, who was seeking to challenge a defamation claim related to his arrest.
The case stems from an incident in 2019 when Schnitker, a special agent with the Iowa Division of Criminal Investigation, submitted an affidavit to a federal court. This affidavit sought a warrant for Leveke's arrest, alleging he made “terroristic threats” against a state senator. The senator was working on legislation concerning the removal process from the sex offender registry. Leveke allegedly expressed his anger in an email, stating he was “angry enough to pull a mass shooting down at the State House.”
Leveke, who has a past conviction for third-degree sexual abuse and is a registered sex offender, claimed that Schnitker's statements were false. In August 2024, he filed a pro se petition, meaning he represented himself in court, against Schnitker and the State of Iowa for defamation. The State moved to dismiss the case, arguing that Leveke's claim was barred by sovereign immunity, which protects the state from certain legal actions.
Before the court could hear the State’s motion, Leveke was arrested for violating the terms of his federal supervised release. He informed the district court of his new address at the Polk County Jail and requested to attend the hearing in person. However, the court opted for a remote hearing, which Leveke did not attend. He later indicated that he had been transferred to a federal prison in Kansas.
On February 21, 2025, the district court ruled in favor of the State, granting their motion to dismiss Leveke's defamation claim. Following this ruling, Leveke filed a notice of appeal on April 24, 2025, more than sixty days after the dismissal. He argued that he had not received notice of the court's ruling due to his incarceration and frequent transfers between facilities.
The State moved to dismiss Leveke’s appeal, asserting it was filed too late. The court noted that Iowa's appellate rules require a notice of appeal to be filed within thirty days after the final order or judgment. The court stated, “If a deadline is missed, even by a single day, the court has no jurisdiction to hear the appeal.” The judges in this case included Presiding Judge Schumacher and Judges Ahlers and Badding.
In their ruling, the court acknowledged Leveke's claims about not receiving notice of the district court's decision. However, they pointed out that failure by the clerk to provide notice does not excuse an untimely appeal. The court cited a previous case, stating, “But failure by the clerk to provide notice of a ruling will not excuse an untimely appeal.” The court emphasized that the rules governing the time for appeal are mandatory and jurisdictional.
The court also recognized that while there are provisions for extending the time to file an appeal in certain circumstances, Leveke did not file a motion for such an extension. They stated, “Even though Leveke is representing himself, we do not utilize a deferential standard.” This means that the court does not treat self-represented individuals with more leniency regarding procedural rules.
The court concluded that because Leveke’s appeal was untimely, they did not have the jurisdiction to hear it. Therefore, they granted the State's motion to dismiss the appeal. The court ruled, “Because we do not have jurisdiction over Leveke’s untimely appeal, we grant the State’s motion to dismiss.”
This ruling has significant implications for Leveke, as it effectively ends his attempt to challenge the dismissal of his defamation claim. The court's decision reinforces the importance of adhering to procedural deadlines in legal cases. It also highlights the challenges faced by individuals who represent themselves in court, particularly those who may be incarcerated.
Looking ahead, Leveke's options appear limited. He may not be able to appeal this decision further, as the Iowa Court of Appeals has stated that an untimely appeal typically terminates appellate jurisdiction. There are no indications in the opinion about any related cases pending that might impact this situation.