UPDATES & ANALYSIS
An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
Iowa Supreme Court holds new qualified immunity provision does not apply retrospectively but applies new heightened pleading standard to claims against Polk County by former employee
On January 5, 2021, Jim Nahas was fired by the Polk County Board of Supervisors from his position as the Polk County Human Resources Director. In response, Nahas filed suit against the Board and four of its members, “claiming libel per se, wrongful termination in violation of public policy, extor
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Iowa Supreme Court rejects challenges to collection of fines generated by traffic cameras
City ordinances in Des Moines and Windsor Heights providing for collection of traffic fines generated by automated traffic enforcement cameras are not unconstitutional government takings, they do not violate due process of law, and they do not amount to illegal property taxes, the Iowa Suprem …
Analyzing DNA voluntarily abandoned in public is not a search under the United States or Iowa Constitution, according to the Iowa Supreme Court
In a 5-2 decision, the Iowa Supreme Court held that police officers’ collection and testing of DNA on a drinking straw abandoned by a suspect in a restaurant did not constitute a search under the Fourth Amendment of the United States Constitution or article I, section 8 of the Iowa Constitution. Two dissenting Justices ex …
Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
FEATURED POSTS
No right to self representation in civil commitment case, Iowa Supreme Court rules
A person challenging involuntary commitment for mental illness does not have a right to self representation in state court proceedings, the Iowa Supreme Court held in a decision handed down Oc. 13.
An Iowa prison inmate, identified as V.H …
Question before Iowa Supreme Court: Is it enough to say a cow does not belong on a highway?
A driver whose vehicle collides with a cow wandering on a highway might logically assume the owner of the cow is, by definition, responsible for the driver’s injuries and damage to the vehicle. By that logic, the injured driver shouldn’t have to provide evidence of precisely how the owner failed to prevent the cow’s mea …
Iowa Court of Appeals denies new trial for Cristhian Bahena Rivera
A convicted murderer’s bid for a new trial was denied by the Iowa Court of Appeal in a decision handed down Oct. 11.
Cristhian Bahena Rivera was convicted by a Poweshiek County jury in 2021 for the murder of Mollie Tibbetts of Brooklyn, …
Iowa Supreme Court to hear arguments in eight cases Oct. 10 and 11
The Iowa Supreme Court will hear arguments in eight cases Oct. 10 and 11. Five additional cases will be submitted to the Court without oral arguments. Following are brief summaries of the October cases. [Go to On Brief’s “Cases in the Pipeline” page to read the briefs f …
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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.