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Jury instruction on ‘stand your ground’ defense violated the Fifth Amendment, Iowa Supreme Court rules
Iowa law requires that criminal defendants who invoke a “stand your ground” defense must have informed law-enforcement authorities of the use of deadly force. That requirement, on its face, may or may not violate a defendant’s constitutional rights, but a defendant’s Fifth Amendment right against self incrimination …
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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Federal courts mostly unaffected by government shutdown – at least for now
Federal courts in Iowa will operate mostly as usual at least through next week, despite the partial government shutdown, according to statements released this week by federal court administrators.
The federal judiciary is on course to continue operating t …
Iowa Supreme Court, citing the Iowa Constitution, limits warrantless searches of containers in impounded vehicles
The Iowa Supreme Court added another category of police searches where it invoked the Iowa Constitution to extend broader protection than the U.S. Supreme Court has granted under the Fourth Amendment to the U.S. Constitution.
For drivers whose vehicles ar …
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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.
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 …
Iowa 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 …
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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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.