Iowa Supreme Court reaffirms its precedent on reciting rights to drunk driving suspects
How far must a police officer go to assure that a suspected drunk driver understands the legal consequences of agreeing or refusing to take a breath test when the suspect does not speak English?
That is the question posed in an appeal to the Iowa Supreme Court by Fethe Feshay Baraki, who claims he did not knowingly conse …
read moreDivided Iowa Supreme Court affirms trial court on license plate obscured by trailer hitch ball
A Polk County District judge denied a defendant’s motion to suppress evidence from a traffic stop initiated by a police officer who could not make out one letter on the vehicle’s license plate because it was partially blocked by a trailer hitch ball.
read moreIowa Supreme Court to hear arguments in nine cases Nov. 16 and 17
The Iowa Supreme Court will hear arguments in nine cases Nov. 16 and 17. Three other cases will be submitted to the Court without oral argument. Following are short summaries of the November cases. Go to On Brief’s Cases in the Pipeline page to read the briefs in these case …
read moreIowa Supreme Court leaves rules in place for appealing guilty pleas
When a criminal defendant pleads guilty to a crime, it produces the same result as a criminal conviction at trial. So courts have created procedural requirements designed to ensure that any plea is legally and constitutionally valid before it is accepted.
One requirement is that there must be a factual basis for the crim …
read moreA statistical review of the 2021-2022 Iowa Supreme Court term: while polarization recedes, disagreement persists
[This article by Matthew A. McGuire and Spencer S. Cady was originally published in the August 2022 issue of The Iowa Lawyer magazine. The 2021-2022 term statistics were compiled by Chris Slack.]
The 2021-2022 term of the Iowa Supreme Court concluded o …
read moreIowa Supreme Court Does Not Reverse District Court Determination That The Supreme Court’s COVID-19 Orders Tolling Statutes Of Limitations Violated The Iowa Constitution
The Iowa Supreme Court is responsible for supervising and regulating trial and appellate courts across the state. As the COVID-19 pandemic descended upon the state in early 2020, the Supreme Court was forced to issue emergency orders to protect the public and court staff while keeping the state’s court system functioning. …
read moreIowa Supreme Court to hear arguments in one case in Denison Oct. 25
The Iowa Supreme Court will go on the road to Denison Oct. 25 to hear oral arguments in an appeal by the State in a case involving a defendant who successfully argued in District Court that the State’s breath test evidence in a drunk-driving prosecution is inadmissible because he does not speak English and did not underst …
read moreIowa Supreme Court to hear arguments in eight appeals Oct. 12 and 13
The Iowa Supreme Court will hear arguments in eight cases Oct. 12 and 13. Five other cases will be submitted to the court without oral argument. Following are short summaries of the October cases. Go to On Brief’s Cases in the Pipeline page to read briefs filed with the Cou …
read moreThree Des Moines police officers denied immunity by U.S. Court of Appeals in traffic stop case
Three Des Moines police officers who violated the constitutional rights of a Des Moines man by making a traffic stop without reasonable suspicion of a crime are not entitled to qualified immunity from personal liability, the U.S. Court of Appeals for the Eighth Circuit read more
Federal court to hear appeal on Council Bluffs’ pit-bull dog ban
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Deputy’s misstatements in warrant application were not intentionally false, Iowa Supreme Court rules
A divided Iowa Supreme Court held that evidence procured via a warrant should not have been suppressed by a trial judge because any false statements by a deputy sheriff in support of the warrant were not intentionally made with reckless disregard for the truth.
Jesse Harbach was charged with driving while intoxicated aft …
Iowa Supreme Court to hear arguments in 11 cases Feb. 19-21
The Iowa Supreme Court will hear arguments in 11 cases Feb. 19-21. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the February cases.
Public invited to observe Iowa Supreme Court oral arguments at an evening session Feb. 19
The Iowa Supreme Court will hold a special evening session in Des Moines Feb. 19 to hear oral arguments in a case involving the right of a criminal suspect in police custody to contact a lawyer or family member.
Oral arguments are ordinarily held during mornings or early afternoons in Des Moines, but each term the Court …
Iowa Supreme Court: It is not enough to say that a cow does not belong on a highway
Was it enough for a truck driver who struck a cow on the interstate, seeking to prove the cow’s owner was negligent, to rely upon the very fact that the cow had been allowed to wander onto the highway in the first place?
Not without more, the Iowa Supreme Court said in a
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.