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 …
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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 …
Homesteads exempt from mechanic’s lien foreclosure to collect legal fees, Iowa Supreme Court rules
Homeowners may have to pay a contractor for labor and materials in a mechanic’s lien foreclosure, but they cannot be forced to forfeit their homestead to cover the contractor’s legal fees, the Iowa Supreme Court ruled. That is, however, unless the homesteader waits too long to make that claim.
That was the good-news, …
Grant Wood paintings must remain at Coe College, Iowa Supreme Court rules
What is a non-profit institution to do when a gift becomes a burden?
That is more or less the predicament Coe College found itself in when it learned that a collection of Grant Wood paintings given to the Cedar Rapids school decades earlier, and which had grown significantly in value, could not be sold without violating …
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 …
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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 …
Two assistant attorneys general subpoenaed, but only one must testify, Iowa Supreme Court holds
Two assistant Iowa attorneys general subpoenaed to testify by deposition in an employment suit against the State appealed to the Iowa Supreme Court after the trial court denied their motion to quash the subpoenas. The Supreme Court held that while one of the attorneys is shielded from testifying, the other is not.
Depart …
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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.