Opinions in two cases expected from Iowa Supreme Court Friday
The Iowa Supreme Court is expected to release opinions in two cases Friday, February 26, 2021. Below are On Brief’s previously published summaries of the cases. Go to On Brief’s Cases in the Pipeline page to read briefs filed with the Court in the app …
read moreTraffic stop is justified if ‘common sense’ suggests driver violated cell phone law, Iowa Supreme Court rules
A law-enforcement officer’s “common sense” observation that a person might be illegally using a cell phone while driving is reasonable suspicion to stop the vehicle for further investigation, the Iowa Supreme Court said in a decision handed down Feb. 19.
The Court’s divided 4-3 decision in read more
Opinions in five cases to be handed down by Iowa Supreme Court Friday
The Iowa Supreme Court is expected to release opinions in five cases Friday, February 19, 2021. Below are On Brief’s previously published summaries of four of these cases. Go to On Brief’s Cases in the Pipeline page to read briefs filed with the Court in the a …
read moreIowa Supreme Court set to hear arguments in nine cases Tuesday and Wednesday
The Iowa Supreme Court will hear oral arguments in nine cases Feb. 16 and 17, and five additional cases will be submitted to the Court. Following are brief summaries of the February cases. Go to On Brief’s Cases in the Pipeline page to read briefs in these cases …
read moreLegislative act barring pro se briefs does not cross constitutional line, Iowa Supreme Court rules
Legislation enacted by the Iowa General Assembly that prohibits defendants who are represented by legal counsel from filing appellate briefs on their own behalf does not violate the Iowa Constitution’s separation of legislative and judicial powers, the Iowa Supreme Court has narrowly held.
In a 4-3 read more
Decisions expected from Iowa Supreme Court in two cases Friday
The Iowa Supreme Court is expected to release opinions in two cases Friday, February 5, 2021. Below are On Brief’s previously published summaries of these cases. Go to On Brief’s Cases in the Pipeline page to read briefs filed with the Court in these appeals.
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Eighth Circuit wades into dispute over when public officials may “block” their constituents on Twitter
This week, the Eighth Circuit held that a constituent who was “blocked” on Twitter by the account of a Missouri state legislator could not maintain a claim against that public official for violation of his First Amendment rights. In Campbell v. Repre …
read moreMan deserves day in court to avoid losing his home over $220 delinquent tax bill, Iowa Supreme Court rules
A Jan. 22 ruling by the Iowa Supreme Court means a Waterloo man may not lose his home for failure to pay a $220 property tax bill.
Cornell Hoosman’s home was sold at tax sale for failure to pay $220 in property taxes to Black Hawk County, and he was served with a removal order after a district judge entered a default j …
read moreWith Wagner, the Iowa Supreme Court continues building an “Iowa Courts” jurisprudence
Few law school courses inspire more fear and frustration from students than Federal Courts. A standard elective at most law schools, the course’s prosaic name belies a devilishly complex body of law regarding who can sue whom in federal court, and for what. One Federal Courts professor asked rhetorically in a 2001 read more
Iowa Supreme Court will hear oral arguments in eight appeals Wednesday and Thursday
The Iowa Supreme Court will hear oral arguments in eight appeals Wednesday and Thursday. Six other cases will be submitted to the Court this week without oral argument.
The arguments will be in the Supreme Court courtroom with the option of participating remotely. Livestreamed videos of the arguments can be seen on the C …
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An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
Iowa Supreme Court holds new qualified immunity provision does not apply retrospectively but applies new heightened pleading standard to claims against Polk County by former employee
On January 5, 2021, Jim Nahas was fired by the Polk County Board of Supervisors from his position as the Polk County Human Resources Director. In response, Nahas filed suit against the Board and four of its members, “claiming libel per se, wrongful termination in violation of public policy, extor
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Iowa Supreme Court rejects challenges to collection of fines generated by traffic cameras
City ordinances in Des Moines and Windsor Heights providing for collection of traffic fines generated by automated traffic enforcement cameras are not unconstitutional government takings, they do not violate due process of law, and they do not amount to illegal property taxes, the Iowa Suprem …
Analyzing DNA voluntarily abandoned in public is not a search under the United States or Iowa Constitution, according to the Iowa Supreme Court
In a 5-2 decision, the Iowa Supreme Court held that police officers’ collection and testing of DNA on a drinking straw abandoned by a suspect in a restaurant did not constitute a search under the Fourth Amendment of the United States Constitution or article I, section 8 of the Iowa Constitution. Two dissenting Justices ex …
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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.