UPDATES & ANALYSIS

9.17

Iowa Supreme Court begins three days of oral arguments

by Rox Laird | September 17, 2019

The Iowa Supreme Court will hear oral arguments in 10 cases beginning with an evening session at Des Moines’ North High School on Sept. 17 and continuing at the Judicial Branch Building Sept. 18 and 19. In addition, four cases will be submitted to the Court without oral argument. Following are brief summaries of the cases. Go to On Brief’s Cases in the Pipeline page to read the parties’ briefs.

State v. Fogg

Set for argument at 7 p.m. Sept. 17, North High School, 501 Holcomb Ave.

Kari Lee Fogg seeks further review of an Iowa Court of Appeals ruling affirming her conviction by a jury on first-offense OWI, and affirming the trial court’s denial of Fogg’s motion to suppress evidence on the basis of an unreasonable seizure by the arresting officer.

Goodwin v. Davis County District Court

Set for oral argument Sept. 18, 9 a.m.

Michael Goodwin Jr., convicted at the age of 16 of murder in the second degree, seeks review of a district court ruling denying his motion for correction of an illegal sentence, appointment of counsel and an evidentiary hearing.

State v. Gibbs

Set for oral argument Sept. 18, 9 a.m.

In this direct appeal of his his conviction of second-degree murder, Levi Gibbs III argues Iowa Code section 704 .2b (1) compels self-incrimination in violation of the Fifth Amendment to the U.S. Constitution and due process rights under the Iowa Constitution.

State v. Valdez

Will be submitted to the Court Sept. 18 without oral argument.

In this direct appeal of his 10-year prison sentence following a guilty plea to possession with intent to deliver a controlled substance, Guillermo Avalos Valdez argues the District Court erred in basing the prison sentence on Valdez’s immigration status.

State v. Salcedo

Set for argument Sept 18, 1:30 p.m.

Juan Daniel Salcedo appeals the District Court’s denial of his motion to suppress evidence discovered as a result of a traffic stop.

Young, et al. v. Iowa City Community School District, et al.

Set for argument Sept. 18, 1:30 p.m.

Heather Young, Del Holland and Blake Hendrickson appeal and Iowa City Community School District and board members cross-appeal from a District Court summary judgment in plaintiff-appellants’ petition for injunctive relief and damages following defendant-appellees’ decision not to submit plaintiffs’ ballot proposal regarding the demolition of an elementary school.

State v. Gross

Will be submitted to the Court Sept. 18 without argument

Larry Gross Jr. appeals an Iowa Court of Appeals ruling affirming a District Court decision requiring him to reimburse Polk County for $11,415 for the 197 days he was in jail without first making a finding that Gross had a reasonable ability to pay the jail charge.

State v. Walker

Set for argument Sept. 19, 9 a.m.

Lawrence Walker appeals an Iowa Court of Appeals ruling affirming his convictions for sexual abuse in the second degree and lascivious acts with a child, and holding that the District Court properly excluded evidence Walter proposed to introduce at trial because it fell within the rape-shield law, and that the court did not err in allowing testimony from a doctor who interviewed the victim.

State v. Mathias

Set for argument Sept. 19, 9 a.m.

James Mathias appeals his conviction and sentence for carrying a handgun while on school grounds, arguing that the District Court erred in denying his motion for a judgment of acquittal because the parking lot of a school football stadium not attached to a school does not meet the Iowa Code definition of “grounds of a school.”

State v. Heard

Set for argument Sept. 19, 9 a.m.

The State seeks further review of a decision of the Iowa Court of Appeals ruling reversing and remanding Kenneth Heard’s first-degree murder conviction because the District Court failed to determine the extent and validity of a defense witnesses’ blanket assertion of the Fifth Amendment privilege against testifying.

Milligan v. Ottumwa Police Department, City of Ottumwa

Set for argument Sept. 19, 1:30 p.m.

The City of Ottumwa appeals a District Court order that the city comply with a request by appellee Mark Milligan for records of traffic violations recorded by the city’s automated traffic enforcement system. The city argues the records are confidential under the federal Drivers Privacy Protection Act.

Eisenhauer v. Henry County Health Center, et al.

Set for argument Sept. 19, 1:30 p.m.

Larry Eisenhauer, conservator, ex. rel., conservatorship of T.D., cites a number of trial court errors in this appeal of a District Court judgment following a jury verdict in defendant-appellees’ favor in a medical malpractice action on behalf of a child born with permanent injuries.

State v. Mathes

Will be submitted to the Court Sept. 19 without oral argument

Lori Dee Mathes appeals an Iowa Court of Appeals decision dismissing her appeal of a District Court order that she pay restitution for court-appointed attorney fees. Mathes argued the trial court should have first determined her ability to pay the fees.

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  • Iowa Supreme Court Oral Arguments
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