Changes in members create new alliances on the Iowa Supreme Court
A new majority emerged during the Iowa Supreme Court’s 2018-19 term that ended in June with the retirement of two justices and the appointment of their replacements, according to an On Brief review of the 108 decisions issued by the court during the 10-month term.
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Iowa Supreme Court to hear arguments in three criminal cases on Aug. 8
The Iowa Supreme Court will hear oral arguments in three criminal appeals on Aug. 8. Following are brief summaries of the three cases. For more information, go to On Brief’s Cases in the Pipeline read more
Iowa Supreme Court adds nine new cases to its docket
Eighth Circuit Court of Appeals: Mother can be criminally prosecuted for baby’s death from toxic drugs she consumed while pregnant
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reinstated manslaughter charges against a South Dakota woman who gave birth to a live baby that died within hours of toxicity from a combination of legal and illegal drugs the mother ingested while she was pregnant.
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Iowa Supreme Court adds a case on jurisdiction over criminal cases at Meskwaki Settlement
The Iowa Supreme Court scheduled an additional oral argument on July 10 in an appeal that raises questions about whether jurisdiction over criminal cases on the Meskwaki Settlement in Tama County belongs to the Tribe, to the State of Iowa or to the federal government.
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Why the Iowa Supreme Court declined to outlaw ‘pretextual’ traffic stops under the Iowa Constitution
On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement officers motivated by racial bias.
In the end, the deeply divided Cou …
read moreDefinition of ‘confidential’ government records broadened by U.S. Supreme Court in South Dakota decision
A Sioux Falls, S.D., newspaper’s appeal to the U.S. Supreme Court on its federal Freedom of Information Act request for grocery stores’ food stamp records resulted in a reversal for the newspaper and for the U.S. Court of Appeals for the Eighth Circuit. And businesses now will have a strong …
read moreApplications now open to replace Chief Judge Vogel
The State Judicial Nominating Commission is accepting applications through July 22 for a vacancy on the Iowa Court of Appeals, the Supreme Court has read more
Iowa Supreme Court nears the end of its 2018-19 term with seven decisions remaining in the pipeline
The Iowa Supreme Court released rulings in five cases today, which by On Brief’s count will leave seven cases to be decided before the 2018-19 term is scheduled to end June 28. In July, the Court begins a two month term devoted to court rules and administrative matters.
Iowa Supreme Court sets new standard in employment discrimination cases
The Iowa Supreme Court on June 7 reversed a $4.5 million jury verdict in an employment discrimination suit, and sent the case back for retrial with a new standard to be used in jury instructions that could give the defendant a new defense.
Gregory Hawkins, …
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Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
A municipal water utility is not shielded by the Iowa Tort Claims Act from strict liability for damage to a Council Bluffs couples’ home caused by water main breaks, the Iowa Supreme Court held in a decision handed down May 19.
Jim and …
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
A case with a long procedural history in administrative and constitutional law that might have resolved the question of Medicaid coverage for gender-affirming surgery ended quietly May 12 when the Iowa Supreme Court declared the case moot. T …
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
A prosecutor did not discriminate against a Black criminal defendant by striking a Black member of the jury pool, the Iowa Supreme Court held in a decision handed down April 21, but three members of the Court in a separate opinion expressed …
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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.