UPDATES & ANALYSIS
Divided Iowa Supreme Court affirms trial court on license plate obscured by trailer hitch ball
A Polk County District judge denied a defendant’s motion to suppress evidence from a traffic stop initiated by a police officer who could not make out one letter on the vehicle’s license plate because it was partially blocked by a trailer hitch ball.
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. …
FEATURED POSTS
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 …
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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.