Iowa Supreme Court 2022-23 Archives - Page 7 of 9

Divided Iowa Supreme Court reversed district court’s exclusion of criminal defendant’s family from attending trial under the Court’s COVID-19 Supervisory Order as a violation of the public right to trial

In State v. Brimmer, the Iowa Supreme Court was read more

Plaintiff seeking confidential government documents in public-records suit must first show they may be released to the public, Iowa Supreme Court holds

A plaintiff may not have access to confidential government records through discovery in a suit brought under the Iowa Public Records Act unless the trial court first rules the records are subject to public disclosure, the Iowa Supreme Court held in a decision handed down Dec. 16.

Michelle Vaccaro sued Polk County and Pol …

Iowa Supreme Court: All voters count where referendum petitions are concerned

by Rox Laird | 12.15

On Election Day, voters may skip some races on the ballot while voting in others. “Undervoting” ordinarily is not an issue, but it presents one for purposes of Iowa’s statute that calculates the number of signatures needed on a petition calling for a public referendum based on the “number of voters.”

The meanin …

Iowa Supreme Court to hear arguments in seven cases Dec. 14 and 15

by Rox Laird | 12.12

The Iowa Supreme Court is scheduled to hear oral arguments in seven cases Dec. 14 and 15. Five other cases will be submitted to the court this week without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs in these cases.

Following are summa …

Iowa Supreme Court reaffirms its precedent on reciting rights to drunk driving suspects

by Rox Laird | 11.17

How far must a police officer go to assure that a suspected drunk driver understands the legal consequences of agreeing or refusing to take a breath test when the suspect does not speak English?

That is the question posed in an appeal to the Iowa Supreme Court by Fethe Feshay Baraki, who claims he did not knowingly conse …

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Landowners challenging DOT eminent domain action missed a critical filing deadline, Iowa Supreme Court holds

Owners of farmland in Story County seeking to block the Iowa Department of Transportation’s condemnation of part of their property for a highway project succeeded in getting their appeal before the Iowa Supreme Court even after missing one filing deadline, but they lost their bid to revive their case in district court because they missed a second and critical deadline.

Pipeline statute giving surveyors access to private property is constitutional, Iowa Supreme Court holds

Iowa’s statute governing hazardous underground pipelines that allows pipeline developers to enter private property to conduct surveys against a landowner’s will is not an unconstitutional taking, the Iowa Supreme Court held in a Nov. 22 decision.

Divided Iowa Supreme Court upholds state law governing restoration of firearms rights

In its first decision addressing a 2022 constitutional amendment that for the first time recognizes a “fundamental” right to bear arms in the Iowa Constitution, a divided Iowa Supreme Court affirmed the Pottawattamie District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.

Iowa Supreme Court to hear arguments in one case in Marshalltown Nov. 19

The Iowa Supreme Court will hear oral arguments Nov. 19 in an evening session in Marshalltown in a case that involves the legality of a home search under the Iowa Constitution.

The Nov. 19 argument in Marshalltown is one in a series of court sessions held outside of the Judicial Branch Building in Des Moines to give Iowa …

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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.

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