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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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Iowa Supreme Court to hear arguments in nine cases Feb. 17-19
The Iowa Supreme Court will hear oral arguments in nine cases Feb. 17, 18, and 19. Four other cases will be submitted to the Court without oral argument. Following are brief summaries of the February cases, not including an attorney disciplinary case.
Iowa Supreme Court to hear arguments in assisted-reproduction fraud case in a special evening session Feb. 11
Bert and Donna Millers’ desire to conceive children in the 1950s was realized with the assistance of Dr. John Randall, a physician and head of the Department of Obstetrics and Gynecology at the University of Iowa Hospitals, and Donna gave birth to two children via artificial insemination.
Roofing company’s 30-day grace period and 1.5% monthly default charge is not subject to Consumer Credit Code
A roofing contractor who granted its customer a 30-day grace period to pay for a roofing job along with 1.5% a month in interest for tardy payment did not grant credit and is not subject to the Iowa Consumer Credit Code, the Iowa Supreme Court held in a unanimous Jan. 24 decision.
Iowa Supreme Court to hear arguments in five cases Jan. 21
The Iowa Supreme Court will hear oral arguments in five cases Jan. 21, and two cases will be submitted to the Court without oral argument. Following are brief summaries of those cases.
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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.