Muscatine High School was at bat in the fifth inning and Spencer Ludman was waiting in the dugout for his turn at bat when a foul ball rocketed off a Davenport Assumption player’s bat and struck Ludman in the head. He suffered a skull fracture, spent months recovering from brain injuries and …
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2016-17 Iowa Supreme Court status report: 69 down; 49 to go
Tomorrow the Iowa Supreme Court is expected to hand down one decision, which will bring to 69 the number of cases disposed of in the first seven months of the 2016-17 term.
After the release of tomorrow’s decision, 43 submitted cases will remain to be d …
Iowa Supreme Court 2016-17 preview: Did Iowa’s anti-slavery delegates in 1857 give criminal defendants broader rights today?
Eight years before the Civil War, drafters of the Iowa Constitution incorporated language into the Bill of Rights aimed at protecting the rights of fugitive slaves who traveled to Iowa. A convicted murderer is now asking the Iowa Supreme Court to apply that language in granting his bid for a ne …
Iowa Supreme Court 2016-17 preview: Does confidentiality in a ‘morbidity and mortality’ report apply to a dislocated shoulder?
Dennis Willard was admitted to the University of Iowa Hospitals and Clinics for treatment of injuries suffered in a motorcycle accident. Among his injuries was a dislocated shoulder, but Willard alleges that was inflicted by hospital staff while he was sedated. Now he is asking the Iowa Supreme …
Iowa Supreme Court 2016-17 preview: Is it possible to guarantee racial balance on Iowa juries?
The Sixth Amendment to the U.S. Constitution says criminal defendants have the right to a jury made up of a cross-section of the community. Assembling a jury that precisely reflects a community’s racial makeup can be statistically challenging in a state with small percentages of racial minori …
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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.
Iowa Supreme Court revives suit against Polk County over rezoning decision on Family Leader project
Five individual plaintiffs living near a non-profit group’s proposed office and event center have standing to pursue claims alleging they would be injured by development in what is now an area zoned for agricultural use. The Iowa Supreme Court reached this conclusion in a decision handed down April 4.
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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.