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 …
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A choice between giving up constitutional rights and personal property is no choice at all, the Iowa Supreme Court rules
A person who claims ownership of property seized by the State should not have to choose between invoking constitutional rights or forfeiting the property, the Iowa Supreme Court ruled May 25 (In the Matter of Property Seized From Jean Carlos Herrera and Ferndando Rodgriguez).
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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.
April 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in nine cases during April 2024. Opinions from April not covered elsewhere on the blog are summarized below.
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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.