Detectives’ ‘distasteful’ deception crossed no constitutional lines, Iowa Supreme Court holds
The Iowa Supreme Court has for more than 60 years used what it has called a “common sense” standard for determining whether police officers cross a constitutional line by dangling the prospect of leniency before a criminal suspect that is likely to lead to a false confession.
Applying the precedent first enunciated i …
Iowa Supreme Court to hear oral arguments in 11 appeals Jan. 18 and 19
The Iowa Supreme Court will hear arguments in 11 cases Jan. 18 and 19. 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. Following are brief summaries of the January …
Divided Iowa Supreme Court reversed district court’s exclusion of criminal defendant’s family from attending trial under the Court’s COVID-19 Supervisory Order as a violation of the public right to trial
In State v. Brimmer, the Iowa Supreme Court was read more
Appeal for injunction dropped in constitutional challenge to gender-balance rule for State Judicial Nominating Commission
The plaintiffs in a case before the U.S. Court of Appeals for the Eighth Circuit regarding the constitutionality of Iowa’s gender balance requirement for the State Judicial Nominating Commission have agreed to dismiss their appeal of an Iowa district court’s denial of their request for a temporary injunction.
The cas …
Plaintiff seeking confidential government documents in public-records suit must first show they may be released to the public, Iowa Supreme Court holds
A plaintiff may not have access to confidential government records through discovery in a suit brought under the Iowa Public Records Act unless the trial court first rules the records are subject to public disclosure, the Iowa Supreme Court held in a decision handed down Dec. 16.
Michelle Vaccaro sued Polk County and Pol …
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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 …
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 …
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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.