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…
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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…
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…
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…
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…
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Iowa Supreme Court rules that a one-day release does not require the State to prove a recent overt act before committing a sexually violent predator
The Court heard oral argument in In re Detention of Harlow on September 9 and filed its opinion on October 9. Chief Justice Christensen wrote for the court that unanimously affirmed the district court’s judgment committing Joshua Harlow as a sexually violent predator (SVP).
Iowa Supreme Court affirms the removal of Pottawattamie County supervisor for intoxication at Carson town hall
On September 10, the Iowa Supreme Court heard the oral arguments in the case of State v. Belt and issued its opinion on October 2.
Iowa Supreme Court to hear oral argument about the presumption of innocence October 2 in Iowa City
Is it inherently prejudicial to have a uniformed sheriff’s deputy stand next to the witness box while the defendant testifies?
Iowa Supreme Court considers standards for assessing religious exemptions in special argument session in Spirit Lake
Under what circumstances may a court reviewing a religious university’s decision to deny a religious exemption under the Iowa Civil Rights Act determine whether a student’s religious beliefs are genuine?
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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.