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Iowa Supreme Court grants further review in four Court of Appeals decisions
The Iowa Supreme Court has granted further review of four rulings of the Iowa Court of Appeals. Following are brief summaries of those cases. Go to On Brief’s Cases in the Pipeline page to read the parties’ briefs and appellants’ applications for further rev …
Jury instruction on ‘stand your ground’ defense violated the Fifth Amendment, Iowa Supreme Court rules
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 …
A dozen cases to be submitted to Iowa Supreme Court this week without oral argument
Twelve cases will be submitted to the Iowa Supreme Court this week without oral argument. The Supreme Court and Court of Appeals are not hearing oral arguments through July 13 under a supervisory order issued by Chief Justice Susan Christensen on April 2 in response to the coronavirus pandemic. The appellate courts may, at …
Iowa Supreme Court: Plaintiffs who dropped hog-confinement suit must pay defendants’ costs
Two Wapello County residents who brought nuisance suits against operators of hog confinements and later voluntarily dropped them must pay the defendants’ costs, including legal fees, the Iowa Supreme Court ruled March 27.
Michael Merrill and Karen Jo Frescoln were among two of 70 original plaintiffs in Honom …
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Iowa Supreme Court sends question of State Auditor’s application of records law back to district court
The Iowa Supreme Court reversed in part a Polk County District Court ruling granting summary judgment in favor of State Auditor Rob Sand’s withholding release of communications related to the Auditor’s investigation of the governor’s office. The justices sent the case back to the trial court for further proceedings on …
Indecent exposure before two witnesses is two crimes, not one, Iowa Supreme Court holds
If two persons simultaneously witness another person masturbating in violation of Iowa’s indecent exposure statute, has that person committed two separate crimes or one crime under Iowa law?
According to the defendant who was convicted by a Story County jury on two counts of indecent exposure for exposing himself and m …
State worker failed to prove boss created a hostile work environment, Iowa Supreme Court holds
The Iowa Supreme Court remanded a $790,000 jury award for a state employee’s hostile-work environment claim to Polk County District Court for entry of a judgment notwithstanding the verdict, which erases the damage award. The Court held that the plaintiff failed to prove her hostile work environment claim based on what she herself experienced.
Iowa Supreme Court to hear arguments April 11 on constitutionality of Iowa’s fetal cardiac activity abortion statute
The Iowa Supreme Court will hear its final oral argument of the 2023-24 term Thursday. The Court saved the term’s most-watched case for last: an appeal addressing whether Iowa’s law banning abortion after about six weeks of pregnancy may be enforced.
The oral argument in Planned Parenthood of the Heartland, et al …
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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.