Iowa Court of Appeals February 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. On February 9, 2024, the Court of Appeals selected three opinions for publication, summarized below…
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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 …
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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.
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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 …
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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 read more
December 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in fourteen cases during December 2023. You can read Rox Laird’s analysis of State v. Geddes, State v. Arrieta, Harding v. Sasso, and Hummel v. Smith and Hilts v. Smith. The remaining opinions from December are summarized below.
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Iowa Supreme Court reverses jury verdict in DMACC pay discrimination case
Des Moines Area Community College (DMACC) paid a female employee less than a male employee in a comparable position, but the pay differential did not amount to illegal discrimination, according to a Feb. 2 opinion by the Iowa Supreme Court.
Sandra Selden, an Application Support Analyst 2 in the DMACC information technolo …
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Iowa Supreme Court: No class action status for chiropractors in antitrust suit against Wellmark
The Polk County District Court did not exceed its authority in denying class action status to a group of Iowa chiropractors suing Wellmark Blue Cross and Blue Shield for alleged unlawful price fixing, the Iowa Supreme Court held in a Jan. 26 ruling.
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Sex offender not eligible for release after serving prison sentence, Iowa Supreme Court rules
Stewart Schuman completed a prison sentence for sex crimes in 2012. But in the decade since, Shuman, who is now 69 years old, has been confined in a sex-offender treatment unit in the Cherokee Mental Health Institute following his civil commitment as a sexually violent predator.
In 2022 the Story County District Court ru …
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Iowa Supreme Court to hear arguments in four cases Jan. 23
The Iowa Supreme Court will hear arguments in four cases Jan. 23. Three other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases.
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Iowa Supreme Court partially affirms trial court in mixed Cedar Rapids public records decision
Cedar Rapids resident Robert Teig asked Cedar Rapids city officials for records related to the hiring of a new city clerk and city attorney. When they mostly denied Teig’s requests, he filed suit naming six Cedar Rapids officials as defendants, which the Linn County District Court dismissed on summary judgment.
Teig ma …
Iowa Supreme Court sends ‘stand your ground’ case back for new trial
Lasondra Johnson was tried for first-degree murder for the shooting death of Jada Young-Mills outside a Waterloo residence. Johnson argued she acted in self defense and the shooting was justified under Iowa’s “stand your ground” law that says a person is justified in the use of reasonable force in the belief that such …
State statute requiring a signature under oath means what it says, Iowa Supreme Court holds
The Iowa Code requires that a plaintiff who brings medical malpractice claims in state court serve the defendant with an affidavit signed by an expert witness regarding the merits of the claim that the medical provider was negligent. The statute requires that the affidavit be signed under oath obligating the witness to be t …
Two assistant attorneys general subpoenaed, but only one must testify, Iowa Supreme Court holds
Two assistant Iowa attorneys general subpoenaed to testify by deposition in an employment suit against the State appealed to the Iowa Supreme Court after the trial court denied their motion to quash the subpoenas. The Supreme Court held that while one of the attorneys is shielded from testifying, the other is not.
Depart …
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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.