UPDATES & ANALYSIS
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 …
Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
FEATURED POSTS
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 …
Question before Iowa Supreme Court: Was a defendant free to drive off from a police encounter?
The Iowa Supreme Court will hear an oral argument at the University of Iowa in a case that poses a question with an often-elusive answer under the Fourth Amendment: When does a reasonable person feel free to walk or drive away from a police encounter?
The oral argument in this case is set for 1:30 p.m. Sept. 29 at the Un …
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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.