Opinion

State v. Henderson

  • 199 N.W.2d 111
  • 1972 Iowa Sup. LEXIS 867
Court
Supreme Court of Iowa
Filed
Jun 29, 1972
Status
Published
Author
Uhlenhopp
On the bench
Legrand, Harris, McCormick, Mason, Rawlings, Rey-Noldson, Uhlenhopp
Cited by
37 cases

stating because juvenile proceedings are neither criminal nor civil, they are special proceedings subject to de novo review

How later courts described this case

  • stating because juvenile proceedings are neither criminal nor civil, they are special proceedings subject to de novo review
  • stating a child’s welfare and best interests govern in cases arising under chapter 232
  • “If evidence had been received subject to such objection, we could disregard any evidence as to which the objection was good. Our review is de novo.’’
  • noting counsel was appointed under a provision of the 1966 Iowa Code

Written by the judges who cited it.

The opinion

UHLENHOPP, Justice

(concurring in result).

Our consideration should be limited to objections made in the trial court. Those objections consisted of a constitutional attack upon the statute on its face. As to those objections, I concur in division V of the court’s opinion and in division I of the special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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