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 …
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.
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 …
Deputy’s misstatements in warrant application were not intentionally false, Iowa Supreme Court rules
A divided Iowa Supreme Court held that evidence procured via a warrant should not have been suppressed by a trial judge because any false statements by a deputy sheriff in support of the warrant were not intentionally made with reckless disregard for the truth.
Jesse Harbach was charged with driving while intoxicated aft …
The Iowa Supreme Court will hear arguments in 11 cases Feb. 19-21. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the February cases.
The Iowa Supreme Court will hold a special evening session in Des Moines Feb. 19 to hear oral arguments in a case involving the right of a criminal suspect in police custody to contact a lawyer or family member.
Oral arguments are ordinarily held during mornings or early afternoons in Des Moines, but each term the Court …
Was it enough for a truck driver who struck a cow on the interstate, seeking to prove the cow’s owner was negligent, to rely upon the very fact that the cow had been allowed to wander onto the highway in the first place?
Not without more, the Iowa Supreme Court said in a
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.