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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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November 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in eleven cases in November 2024. In addition to the four cases covered in individual stories on the blog, the remaining opinions from November are summarized below.
Iowa Supreme Court to hear arguments in 10 cases Dec. 17 and 18
The Iowa Supreme Court will hear arguments in 10 cases Dec. 17 and 18, and three other cases will be submitted to the Court without oral argument. Following are brief summaries of the December cases.
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.
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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.