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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In case to be heard in Bondurant April 2, Iowa Supreme Court is asked: When is a ‘firearm’ not an ‘offensive weapon’?
Is a replica of a 19th century muzzleloader rifle a “firearm” under Iowa law? No, argues a Burlington man convicted of possessing a firearm in violation of state law.
That question is the heart of an appeal to be argued before the Iowa Supreme Court in a special session April 2 in Bondurant. The oral argument, which …
Iowa Supreme Court to hear arguments in seven cases March 20, 21
The Iowa Supreme Court will hear arguments in seven cases March 20 and 21. Six other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the cases to be argued
January 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during January 2024. You can read Rox Laird’s analysis of In re Detention of Schuman and Chicoine v. Wellmark, Inc., in separate posts. The remaining opinions from January are summarized below.
Iowa Constitution can protect legislators from subpoenas, Iowa Supreme Court holds
Iowa legislators are shielded by the Iowa Constitution from being forced to produce communications with third parties in a civil proceeding related to the passage of legislation, the Iowa Supreme Court held for the first time in a decision h …
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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.