UPDATES & ANALYSIS
Des Moines police officers denied immunity for holding crime witnesses, Eighth Circuit rules
Federal courts recently have begun to reexamine the common law doctrine of “qualified immunity” that protects public officials from individual liability where there is no clearly established constitutional or statutory right at stake.
This reconsideration has been prompted in large part by critics of granting qualifi …
Eighth Circuit Vacates Injunction Against Iowa’s Mask Mandate Ban On Mootness Grounds
On Monday, May 16, a panel of judges from the United States Court of Appeals for the Eighth Circuit vacated an Iowa federal district judge’s injunction barring enforcement of Iowa’s ban of mask mandates in schools. In doing so, the Court of Appeals overturned its prior ruling from January, which affirmed the injunction …
Railroad’s share of drainage district repairs based on benefit, not cost, Iowa Supreme Court rules
A railroad whose tracks cross an agricultural drainage district should be assessed its share of the cost of repairing deteriorated drainage tile based on the railroad’s benefit from the repairs, not the added cost of complying with federal railroad regulations, the Iowa Supreme Court said in a ruling handed down May 6.
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Lay Landowner Cannot Testify About Specific Comparable Sales to Support the Valuation of His Land Without Expert Testimony, Iowa Supreme Court Rules
Iowa has long recognized what is know as “the property owner rule,” which permits a landowner to testify as a non-expert in condemnation cases about the landowner’s opinion of the value of its own property. Iowa has also long recognized that property values can be supported by the prices paid in comparable land sales. …
Miranda-Type Warning Not Required For Pat-Down Searches, Iowa Supreme Court Rules
In an opinion issued on Friday, April 22, the Iowa Supreme Court held in State v. Hauge that a law enforcement officer was justified in requesting that a front-seat passenger exit a two-door vehicle in order to arrest a backseat pas …
FEATURED POSTS
Iowa Supreme Court to hear arguments in nine cases Nov. 16 and 17
The Iowa Supreme Court will hear arguments in nine cases Nov. 16 and 17. Three other cases will be submitted to the Court without oral argument. Following are short summaries of the November cases. Go to On Brief’s Cases in the Pipeline page to read the briefs in these case …
Iowa Supreme Court leaves rules in place for appealing guilty pleas
When a criminal defendant pleads guilty to a crime, it produces the same result as a criminal conviction at trial. So courts have created procedural requirements designed to ensure that any plea is legally and constitutionally valid before it is accepted.
One requirement is that there must be a factual basis for the crim …
A statistical review of the 2021-2022 Iowa Supreme Court term: while polarization recedes, disagreement persists
[This article by Matthew A. McGuire and Spencer S. Cady was originally published in the August 2022 issue of The Iowa Lawyer magazine. The 2021-2022 term statistics were compiled by Chris Slack.]
The 2021-2022 term of the Iowa Supreme Court concluded o …
Iowa Supreme Court Does Not Reverse District Court Determination That The Supreme Court’s COVID-19 Orders Tolling Statutes Of Limitations Violated The Iowa Constitution
The Iowa Supreme Court is responsible for supervising and regulating trial and appellate courts across the state. As the COVID-19 pandemic descended upon the state in early 2020, the Supreme Court was forced to issue emergency orders to protect the public and court staff while keeping the state’s court system functioning. …
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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.