In four opinions over 61 pages, Iowa Supreme Court wrestles with meaning of Fourth Amendment
Does a drug-sniffing dog violate a suspect’s constitutional protection against unreasonable government search and seizure by putting its paws up on the suspect’s car at the urging of its handler?
Five members of the Iowa Supreme Court said that subjecting the suspect’s car to a sniff by a drug-sniffing dog violated …
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Iowa Constitution mandates face-to-face confrontation by witness, Iowa Supreme Court rules
A defendant’s right under the Iowa Constitution to confront witnesses at trial is not satisfied by one-way video testimony where the witness testifying on camera is not able to see the defendant, the Iowa Supreme Court held in a 4-3 ruling handed down June 28. In reaching that conclusion, the Court declined to follow a U.S. Supreme Court precedent and overruled one of its own prior rulings.
read moreIowa Court of Appeals April 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. On April 11, 2024, the Court of Appeals selected three opinions for publication, summarized below.
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Closely divided Iowa Supreme Court finds challenges to abortion restrictions under Iowa constitution subject to rational-basis review, reverses injunction against “fetal heartbeat” law
In a 4-3 decision, the Iowa Supreme Court held that rational basis review is the applicable standard in addressing challenges to abortion restrictions under the Iowa constitution.
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April 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in nine cases during April 2024. Opinions from April not covered elsewhere on the blog are summarized below.
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Iowa Supreme Court reverses prior decisions on liability for failure to maintain city sidewalks and swimming pools
The Iowa Supreme Court in two separate decisions handed down June 14 overturned two of its previous rulings on the question of liability for injuries that occur on city sidewalks and at municipal swimming pools. Both rulings were divided, with two justices citing the principle of stare decisis to say the prior rulings shoul …
read moreIowa Court of Appeals outlines analysis for parental rights’ termination and reunification extension
Minor child B.W. was exposed to drug use from the day he was born, testing positive for cocaine and initiating intervention by the Iowa District Court for Polk County. In an effort to foster harmony and a healthy living environment for the child, Iowa Department of Health and Human Services attempted to assist the family …
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March 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in ten cases during March 2024. These opinions are summarized below.
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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 …
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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 …
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No Fourth Amendment violation in vehicle search after drug-sniffing dog sticks its nose through an open window, Iowa Supreme Court holds
The Fourth Amendment protection against unreasonable search and seizure was not violated when a drug detection dog inserted its nose into the open window of a suspect’s vehicle, the Iowa Supreme Court held in a divided Dec. 6 decision.
Landowners challenging DOT eminent domain action missed a critical filing deadline, Iowa Supreme Court holds
Owners of farmland in Story County seeking to block the Iowa Department of Transportation’s condemnation of part of their property for a highway project succeeded in getting their appeal before the Iowa Supreme Court even after missing one filing deadline, but they lost their bid to revive their case in district court because they missed a second and critical deadline.
Pipeline statute giving surveyors access to private property is constitutional, Iowa Supreme Court holds
Iowa’s statute governing hazardous underground pipelines that allows pipeline developers to enter private property to conduct surveys against a landowner’s will is not an unconstitutional taking, the Iowa Supreme Court held in a Nov. 22 decision.
Divided Iowa Supreme Court upholds state law governing restoration of firearms rights
In its first decision addressing a 2022 constitutional amendment that for the first time recognizes a “fundamental” right to bear arms in the Iowa Constitution, a divided Iowa Supreme Court affirmed the Pottawattamie District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.
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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.