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 to hear arguments in five cases Jan. 21
The Iowa Supreme Court will hear oral arguments in five cases Jan. 21, and two cases will be submitted to the Court without oral argument. Following are brief summaries of those cases.
Iowa Court of Appeals December 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In December, the Court of Appeals selected eight opinions for publication. Following are summaries of those opinions.
City’s requirement that renters admit city inspectors is not unconstitutional, Iowa Supreme Court holds
A northwestern Iowa city’s ordinance that requires landlords and tenants to allow city officials into apartments to inspect for building code violations is not unconstitutional, at least on its face, because the ordinance may be applied in ways that would not offend the Iowa Constitution, the Iowa Supreme Court said in a decision handed down Dec. 20.
November 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in eleven cases in November 2024. In addition to the four cases covered in individual stories on the blog, the remaining opinions from November are summarized below.
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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.