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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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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 …
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.
Iowa 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.
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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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.