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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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Hispanic rights group lacks standing to challenge English-only voting materials, Iowa Supreme Court holds
An Iowa organization that advocates on behalf of Hispanic Iowans did not have legal standing to bring suit seeking to dissolve a 13-year-old injunction that barred the Secretary of State from disseminating voter registration materials in languages other than English, the Iowa Supreme Court held in a unanimous decision handed down May 9.
Iowa Supreme Court rejects bid to abolish exception to Fourth Amendment warrant requirement
A law enforcement officer making a roadside stop is legally allowed to search a vehicle without a warrant under an “automobile exception” to the protection against unreasonable searches and seizures granted by the Fourth Amendment of the U.S. Constitution and separately under the Iowa Constitution. That exception, recog …
Iowa Supreme Court: Union Pacific Railroad not liable for worker’s suicide
The Union Pacific Railroad Co. is not liable under the Federal Employers’ Liability Act (FELA) for the death of an employee who took his own life from emotional distress caused by his supervisor’ harassment, the Iowa Supreme Court held in a decision handed down April 25.
Kera Morgan, as administrator of her late husb …
Iowa Supreme Court removes judicial magistrate from bench for racially derogatory and ‘demeaning and sophomoric’ statements
The Iowa Supreme Court removed a part-time judicial magistrate from the bench in a unanimous decision issued April 18 for violations of the Iowa Code of Judicial Conduct in making a racially derogatory statement in an open court proceeding and by making a “demeaning and sophomoric” justification in a written order denying an arrest warrant.
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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.