Case law

State v. Blackford

335 N.W.2d 173 · Supreme Court of Iowa · Jun 15, 1983

It therefore fails to qualify as to either category of evidence which is not collateral under the Gilmore standards. … Defendant has failed to establish that a constitutional deprivation existed with respect to the performance of his trial counsel.

State v. Cullison

215 N.W.2d 309 · Supreme Court of Iowa · Feb 20, 1974

At page 2047 of 93 S.Ct., the court said: “ ‘The ultimate test remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. … Clearly, in the absence of any showing that Mrs.

Webster Realty Company v. City of Fort Dodge

174 N.W.2d 413 · Supreme Court of Iowa · Feb 10, 1970

Following the public hearing, the city council adopted a resolution which included a finding that the area covered by the Riverfront Project is “a blighted, decadent area, and qualifies as an eligible project area under chapter … They aim to relieve pressing and urgent municipal evils, which are clearly stated in section 403.2 of the act and are referred to in Wilson v.

Sidles Distributing Co. v. Heath

366 N.W.2d 1 · Supreme Court of Iowa · Apr 23, 1985

We believe that section 85.45 clearly indicates that the goal of commutation is to commute to a present worth lump sum the total of the probable future payments capitalized at the rate provided by statute (in the present … In the absence of other qualified dependents, a benefit period for a dependent spouse is shortened by that person’s death or remarriage. Iowa Code § 85.43 (1981). 2 .

In the Matter of the Estate of Ralph Roethler, Kent Lewis and Becky Lewis v. Angela M. Kuehn, Cheryl L. Upton, Jacquelyn F. Betsworth, Daniel W. Roethler, Mary Anne James, James F. Roethler, Donald A. Roethler, Constance L. Duke, Gerald E. Roethler, Kathleen S. Good, John M. Roethler, Daniel Lee Homan, and Frank E. Homan

801 N.W.2d 833 · Supreme Court of Iowa · Aug 19, 2011

A court abuses its discretion only when its exercise of discretion is “clearly untenable, or to an extent, clearly unreasonable.” Lynch, 491 N.W.2d at 161. … Qualified or unqualified option.

Meads v. Iowa Department of Social Services

366 N.W.2d 555 · Supreme Court of Iowa · Apr 17, 1985

In order to be considered for a particular position, an applicant must first apply to take a qualifying examination for a given class of jobs. … While the statute does not define precisely what constitutes “appropriate consideration” of the listed criteria, that language clearly stops short of authorizing an employer to consider or not consider the criteria as it

Halstead Ex Rel. Lee v. Halstead

259 Iowa 526 · Supreme Court of Iowa · Sep 20, 1966

It reads: “The parents of a minor, or either of them, if qualified and suitable,, shall be preferred over all others for appointment as guardian.” … Squires, 250 Iowa 1149, 1161 , 97 N.W.2d 156 : “The record clearly indicates the trial court carefully and deliberately weighed the matter.

Federal Deposit Insurance Corp. v. Hartwig

463 N.W.2d 2 · Supreme Court of Iowa · Nov 21, 1990

Under the PIK program, the government compensated qualified farmers for agreeing not to produce grain crops by giving them certificates redeemable for commodities in an amount calculated to represent the established yield … Enrollment in the CRP clearly limits a farmer’s use of land; compensation is provided by the government for that loss of use.

Chicago and North Western Railway Co. v. Prentis

161 N.W.2d 84 · Supreme Court of Iowa · Sep 5, 1968

The adjustments were clearly set forth and specifically pointed out in the Steam Report. … Louis Railway but one sale of physical assets would not establish a pattern of sales-assessment ratios.

State v. Paredes

775 N.W.2d 554 · Supreme Court of Iowa · Sep 18, 2009

This requirement is designed to establish a threshold level of trustworthiness of the underlying statement. … What amount of evidence is sufficient to provide corroboration clearly indicating trustworthiness?

Podraza v. City of Carter Lake

524 N.W.2d 198 · Supreme Court of Iowa · Nov 23, 1994

Waltrip then established a committee to study the fence situation in the country club area. … This is clearly not the same argument raised on appeal, and, again, the defendants have failed to preserve anything for our review.

Tredrea v. Anesthesia & Analgesia, P.C.

584 N.W.2d 276 · Supreme Court of Iowa · Sep 23, 1998

Evidence at trial established that Genesis’ anesthesiology department had been criticized for several reasons. … A & A argues that, even if the plaintiffs qualify as third-party beneficiaries, A & A did not breach its agreement with Genesis by refusing to grant another extension of the deadline.

In re A.E.

572 N.W.2d 579 · Supreme Court of Iowa · Dec 24, 1997

Such language and history clearly indicate the state courts are a part of the problem the ICWA was intended to remedy.... … (ii) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness.'

Commerce Bank v. Robert R. McGowen

Supreme Court of Iowa · Mar 12, 2021

The plain language of the statute makes clear the debtor must establish two things to claim the exemption at issue. … Generally speaking, the deferred compensation payments were “on account” of qualifying triggering events.

Headington v. NORTH WINNESHIEK COMMUNITY SCH. DIST.

117 N.W.2d 831 · Supreme Court of Iowa · Nov 13, 1962

The statute clearly contemplates that there may be vacancies in election personnel and that vacancies should be filled. … , and the actual result thereof is clearly ascertained.

Newman v. City of Indianola

232 N.W.2d 568 · Supreme Court of Iowa · Aug 29, 1975

Chapter 397, The Code, repealed by the Second Session of the Sixty-fourth General Assembly, chapter 1088, section 199, effective July 1, 1975, established the power and authority of a city or town to establish utility services … Plaintiff contends the resolutions identified in the record as exhibits A and B are not applicable to a mobile home park since a mobile home is clearly a single family residential user.

Fothergill v. Fothergill

129 Iowa 93 · Supreme Court of Iowa · Nov 21, 1905

This last will was duly admitted to probate, and the executor named' therein wras appointed and qualified. … But this • does not establish undue influence.

Hamer v. Iowa Civil Rights Commission

472 N.W.2d 259 · Supreme Court of Iowa · Jun 19, 1991

Once a prima facie case has been established, a presumption of discrimination arises. … This section, we believe, clearly anticipates that when a claimant prevails the attorney fees will be paid by the losing party, not by the claimant or the Commission.

Wells v. Wells

168 N.W.2d 54 · Supreme Court of Iowa · May 6, 1969

This was clearly the intent of the trial court when the decree was entered. We so consider it on this appeal.” … However, this does not mean an opinion expressed by a qualified expert is binding on the trier of the facts. Brandt v. Richter, Iowa, 159 N.W.2d 471, 474 .

Morton v. Equitable Life Insurance

218 Iowa 846 · Supreme Court of Iowa · Apr 3, 1934

It was not made by an expert or one qualified to state even a probable conclusion. … That very reluctance makes it improbable that the legislature intended to depart from established rules in a statute of this kind. * í:‘ ® Thompson v. Thompson, 218 U. S. 611 , 31 S. Ct. 111 , 54 L. Ed. 1180 , 30 L. R.