The fact that a person is intoxicated shortly after leaving a bar is sufficient evidence to submit to a jury in a lawsuit alleging liability under Iowa’s dramshop statute.
Thus said a divided Iowa Supreme Court on March 30 in …
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Iowa Supreme Court opens door to ‘actual innocence’ claims following guilty pleas
The Iowa Supreme Court ruled that a person who pleaded guilty to a crime has a right under the Iowa Constitution to later claim that he or she is, in fact, innocent based on newly discovered evidence.
The Court, in a 4-3 ruling handed down March 23, overtur …
Iowa Supreme Court: Changes within trailer park did not affect its zoning status
Does the “detritus of life” change a Des Moines trailer park’s legal nonconforming zoning status it has enjoyed for 63 years?
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Iowa Supreme Court preview: Is Iowa’s law protecting hog confinements from lawsuits unconstitutional?
The Iowa Supreme Court will hear arguments Feb. 12 in a case that could dramatically affect all legal disputes between rural residents and livestock confinement operators. The session is scheduled for 7 p.m. Monday at the Judicial Branch Building in Des Moines to accommodate members of the publ …
Indecent-exposure conviction required physical presence, Iowa Supreme Court rules
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Iowa Court of Appeals October 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In October, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
October 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in eight cases in October 2024. In addition to Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa summarized on this blog, the remaining opinions from October are summarized below.
Iowa Supreme Court to hear arguments in eight cases Nov. 13-14
The Iowa Supreme Court will hear arguments in eight cases Nov. 13 and Nov. 14. Five other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases.
Iowa Supreme Court deadlocks on specifics required for liability waivers
When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the academy, argued Avenarius signed a “clear and unequivocal” waiver and release of liability.
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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.