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Iowa Supreme Court preview: Final cases of the term set for oral argument April 10
The Iowa Supreme Court will hold its final round of oral arguments April 10 before the justices devote the remainder of the term cranking out opinions in previously submitted cases.
The justices will hear arguments in four cases, including one attorney-disc …
read moreEvidence of a driver’s intoxication after leaving a bar should have gone to the jury, Iowa Supreme Court rules
Iowa Supreme Court opens door to ‘actual innocence’ claims following guilty pleas
The Iowa Supreme Court ruled that a person who pleaded guilty to a crime has a right under the Iowa Constitution to later claim that he or she is, in fact, innocent based on newly discovered evidence.
The Court, in a 4-3 ruling handed down March 23, overtur …
read moreIowa Supreme Court: Changes within trailer park did not affect its zoning status
Does the “detritus of life” change a Des Moines trailer park’s legal nonconforming zoning status it has enjoyed for 63 years?
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“Supermajority” Bill Could Change the Outcome of State Constitutional Questions before the Iowa Supreme Court
A bill passed by the Iowa Senate (S.F. 2282) would block the Iowa Supreme Court from declaring a State statute unconstitutional if the decision is not supported by at least five justices of the seven-member Court.
Although the bill failed to make it out o …
read moreIowa Supreme Court preview: Seven cases set for argument March 6 and 7
The Iowa Supreme Court will hear arguments in seven cases March 6 and 7. Following are summaries of five of those cases. Three more cases will be submitted to the Court without oral argument.
Bandstra v. Covenant Reformed Church …
read moreIowa Supreme Court preview: Justices will hear arguments this week on abortion, immunity for public officials, and municipal zoning
The Iowa Supreme Court will hear arguments in seven cases this week. Following are summaries of three cases set for argument Tuesday and Wednesday. [See our earlier read more
Iowa Supreme Court preview: Is Iowa’s law protecting hog confinements from lawsuits unconstitutional?
The Iowa Supreme Court will hear arguments Feb. 12 in a case that could dramatically affect all legal disputes between rural residents and livestock confinement operators. The session is scheduled for 7 p.m. Monday at the Judicial Branch Building in Des Moines to accommodate members of the publ …
read moreIndecent-exposure conviction required physical presence, Iowa Supreme Court rules
Eighth Circuit Court of Appeals now at full strength
The U.S. Court of Appeals for the Eighth Circuit is up to full strength with the Senate confirmation on Jan. 30 of David Stras of Minnesota.
Stras was a justice of the Minnesota Supreme Court prior to his appointment by President Donald Trump in May. He joi …
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Railroad’s share of drainage district repairs based on benefit, not cost, Iowa Supreme Court rules
A railroad whose tracks cross an agricultural drainage district should be assessed its share of the cost of repairing deteriorated drainage tile based on the railroad’s benefit from the repairs, not the added cost of complying with federal railroad regulations, the Iowa Supreme Court said in a ruling handed down May 6.
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Lay Landowner Cannot Testify About Specific Comparable Sales to Support the Valuation of His Land Without Expert Testimony, Iowa Supreme Court Rules
Iowa has long recognized what is know as “the property owner rule,” which permits a landowner to testify as a non-expert in condemnation cases about the landowner’s opinion of the value of its own property. Iowa has also long recognized that property values can be supported by the prices paid in comparable land sales. …
Miranda-Type Warning Not Required For Pat-Down Searches, Iowa Supreme Court Rules
In an opinion issued on Friday, April 22, the Iowa Supreme Court held in State v. Hauge that a law enforcement officer was justified in requesting that a front-seat passenger exit a two-door vehicle in order to arrest a backseat pas …
Iowa Supreme Court and Eighth Circuit Uphold Denials Of Insurance Coverage Arising From COVID-19 Business Closures
In separate opinions, each issued on Friday, April 22, the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit held that businesses that closed in spring 2020 to comply with COVID-19 emergency regulations could not obtain coverage under commercial insurance policies that required “direct physi …
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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.