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 …
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 …
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, …
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 …
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 …
A law enforcement officer making a roadside stop is legally allowed to search a vehicle without a warrant under an “automobile exception” to the protection against unreasonable searches and seizures granted by the Fourth Amendment of the U.S. Constitution and separately under the Iowa Constitution. That exception, recog …
The Union Pacific Railroad Co. is not liable under the Federal Employers’ Liability Act (FELA) for the death of an employee who took his own life from emotional distress caused by his supervisor’ harassment, the Iowa Supreme Court held in a decision handed down April 25.
Kera Morgan, as administrator of her late husb …
The Iowa Supreme Court removed a part-time judicial magistrate from the bench in a unanimous decision issued April 18 for violations of the Iowa Code of Judicial Conduct in making a racially derogatory statement in an open court proceeding and by making a “demeaning and sophomoric” justification in a written order denying an arrest warrant.
Five individual plaintiffs living near a non-profit group’s proposed office and event center have standing to pursue claims alleging they would be injured by development in what is now an area zoned for agricultural use. The Iowa Supreme Court reached this conclusion in a decision handed down April 4.
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.
