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 …
ARCHIVE
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 …
FEATURED POSTS
Iowa Supreme Court to hear arguments in 10 cases Dec. 17 and 18
The Iowa Supreme Court will hear arguments in 10 cases Dec. 17 and 18, and three other cases will be submitted to the Court without oral argument. Following are brief summaries of the December cases.
No Fourth Amendment violation in vehicle search after drug-sniffing dog sticks its nose through an open window, Iowa Supreme Court holds
The Fourth Amendment protection against unreasonable search and seizure was not violated when a drug detection dog inserted its nose into the open window of a suspect’s vehicle, the Iowa Supreme Court held in a divided Dec. 6 decision.
Landowners challenging DOT eminent domain action missed a critical filing deadline, Iowa Supreme Court holds
Owners of farmland in Story County seeking to block the Iowa Department of Transportation’s condemnation of part of their property for a highway project succeeded in getting their appeal before the Iowa Supreme Court even after missing one filing deadline, but they lost their bid to revive their case in district court because they missed a second and critical deadline.
Pipeline statute giving surveyors access to private property is constitutional, Iowa Supreme Court holds
Iowa’s statute governing hazardous underground pipelines that allows pipeline developers to enter private property to conduct surveys against a landowner’s will is not an unconstitutional taking, the Iowa Supreme Court held in a Nov. 22 decision.
EDITORIAL TEAM
ABOUT
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.