A couple of teenage boys are out for some dirt-bike and ATV riding at rural retreat when one of the boys is fatally injured in a tragic shooting accident. The farmhouse on the retreat where the shooting occurred is insured by a homeowners’ policy and by a separate commercial general liability …
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The Iowa Supreme Court grapples with alleged jury confusion with instructions in a comparative fault case, but declines to order a new trial
Jurors in a Pottawattamie County medical malpractice trial submitted a question to the court during jury deliberations about the meaning of instructions given to them by the trial judge for apportioning fault to a settled party, but the judge did not commit a prejudicial error by failing to cla …
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 …
Divided Iowa Supreme Court keeps county attorney on the job, despite sexual harassment complaints
Van Buren County Attorney Abraham Watkins was removed from office by a District Court judge who ruled that Watkins “engaged in misconduct or maladministration by regularly committing sexual harassment” of female employees.
The court record reciting Watk …
Iowa Supreme Court splits, again, on a juvenile sentencing case
Iowa’s mandatory sex-offender registry for juveniles who commit a sex offense by force is the equivalent of criminal punishment, a divided Iowa Supreme Court ruled June 15, but it’s not unconstitutional cruel and unusual punishment.
Thus, the Court co …
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March 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in ten cases during March 2024. These opinions are summarized below.
Iowa Supreme Court partially affirms trial court in mixed Cedar Rapids public records decision
Cedar Rapids resident Robert Teig asked Cedar Rapids city officials for records related to the hiring of a new city clerk and city attorney. When they mostly denied Teig’s requests, he filed suit naming six Cedar Rapids officials as defendants, which the Linn County District Court dismissed on summary judgment.
Teig ma …
Iowa Supreme Court sends ‘stand your ground’ case back for new trial
Lasondra Johnson was tried for first-degree murder for the shooting death of Jada Young-Mills outside a Waterloo residence. Johnson argued she acted in self defense and the shooting was justified under Iowa’s “stand your ground” law that says a person is justified in the use of reasonable force in the belief that such …
State statute requiring a signature under oath means what it says, Iowa Supreme Court holds
The Iowa Code requires that a plaintiff who brings medical malpractice claims in state court serve the defendant with an affidavit signed by an expert witness regarding the merits of the claim that the medical provider was negligent. The statute requires that the affidavit be signed under oath obligating the witness to be t …
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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.