Case law

State Of Iowa Vs. Adam Donald Musser

Supreme Court of Iowa · Aug 4, 2006

Finally, the witness was qualified to give this testimony, as he was an employee of the agency designated by law as the custodian of these reports. … In order to establish a due process violation based upon prosecutorial misconduct, the defendant must first establish proof of misconduct. Id. at 869.

Greiner v. Swartz

167 Iowa 543 · Supreme Court of Iowa · Nov 28, 1914

Prior to this time a drainage district including the land in question had been established by the joint action of the boards of supervisors of Marshall *545 county and Story county, and an assessment of benefits thereon had … The conclusion reached by the trial court is clearly correct-.

State of Iowa v. Peter Leroy Veal

930 N.W.2d 293 · Supreme Court of Iowa · May 24, 2019

However, as the State observes, the one established difference is that the African-American population tends to be younger and therefore may contain fewer qualified jurors. … We said in Plain , "[T]he defendant must show evidence of a statistical disparity over time that is attributable to the system for compiling jury pools ." 898 N.W.2d at 824 (emphasis added). 8 Clearly, federal law requires

Richards v. Moran

137 Iowa 220 · Supreme Court of Iowa · Feb 11, 1908

Moran, wife of the testator,, to be executrix, and in due time she qualified, entered upon her duties, and still continues to act as such. Among other devises made by the will, there was devised to said Iowa L. … The case is therefore clearly without the rule of the statute.

Carlon Company v. Board of Review of City of Clinton

572 N.W.2d 146 · Supreme Court of Iowa · Nov 26, 1997

For this reason, the board claims that Miles should not qualify as an additional competent witness. ■' The district court noted that Carlon had hired “two appraisers.” … Aggregation, however, is clearly not the means to do so.

Rhonda Hall, Individually and as the Injured Parent of Malika and Miranda, and Bob Hall, Husband of Rhonda Hall v. Jennie Edmundson Memorial Hospital and Nebraska Methodist Health System, Inc.

812 N.W.2d 681 · Supreme Court of Iowa · Apr 13, 2012

The district court concluded that the appropriate standard of care in this case was “reasonable care under the circumstances” and that expert testimony was not required to establish the standard. … The district court clearly con- *686 eluded the appropriate standard of care under the circumstances of this case was the lay standard advocated by the Halls— “reasonable care under the circumstances.”

Montgomery v. Polk County

278 N.W.2d 911 · Supreme Court of Iowa · May 30, 1979

It appears the rule is firmly established in our law. … I do not believe that such intent is established either by the wording of the statute or the history of our rule of sovereign immunity preceding it. In Olsen v.

Sheffield v. Hanna

136 Iowa 579 · Supreme Court of Iowa · Dec 14, 1907

and substituted petition, makes it entirely clear that it is pleading to a claim which involved originally at least thirty steers; for it says: The defendant for answer herein states that he admits the plaintiff is the qualified … The instruction was clearly intended to be, and was in fact, a statement in favor of the defendant, the effect of which was to warn the jury that plaintiff must recover, if at all, on the strength of his own title and by

Leach v. Exchange State Bank

200 Iowa 185 · Supreme Court of Iowa · Apr 7, 1925

STATUTES: force and to qualify or modify the new act in construc- the same manner as it did the first. … the superintendent of banking, irrespective of whether he had been appointed receiver, and the omission of the former provision that the winding up of the affairs of the bank should be under the direction of the court, clearly

Beasley v. Beasley

159 N.W.2d 449 · Supreme Court of Iowa · Jun 11, 1968

His aptitude tests, given by the Air Force, qualified him for participation in an Air Force program which would help him finance studies toward that goal. However, he would need thirty college semester hours to qualify. … It clearly appears the child support ordered herein was for college education expenses of the oldest child.

Guardianship of Mary v. Henry

85 Iowa 49 · Supreme Court of Iowa · May 11, 1892

March 10, 1890, Nellie Fitz Henry was appointed and qualified as guardian of the minors, Mary Lally, aged six years, and Maggie Lally, aged four years, on the grounds that Michael Lally, their father, had abandoned them; … Notwithstanding the statutory provisions, the weight of modern decisions is clearly favorable to the holding that the right of the parent to the custody of the child, is-not absolute.

Lisa Kragnes v. City of Des Moines, Iowa

810 N.W.2d 492 · Supreme Court of Iowa · Mar 2, 2012

However, clearly she does not favor the refund outcome the City predicts for her as a property owner. We conclude the City’s arguments for the creation of subclasses are speculative on this record. … Kragnes, however, cites no authority for its immunity argument and accordingly, we deem the argument waived. Iowa R.App. P. 6.903(2)⅛)(3). .

State ex rel. Shaver v. Iowa Telephone Co.

175 Iowa 607 · Supreme Court of Iowa · Nov 1, 1915

From the Brownwood case, we quote the following: “It will be observed that the grant to such corporations by Article 1231 is qualified by this important language: ‘ In such manner as not to incommode the public in the use … It is safe rule to assume that the legislature means what it clearly says.

Presto-X-Co. v. Ewing

442 N.W.2d 85 · Supreme Court of Iowa · Jun 14, 1989

An injunction should be “granted with caution and only when clearly required.” Clabaugh, 306 N.W.2d at 755 . We think a permanent injunction was clearly required here. … In the present case, Presto-X’s contractual right to freedom from Ewing’s competition was clearly violated.

Ruth v. O'NEILL

245 Iowa 1158 · Supreme Court of Iowa · Sep 21, 1954

akin to the one involved in this case, was certainly qualified to, and did, give aid to the jury. … The evidence clearly was sufficient to warrant the jury’s finding that plaintiffs were free from contributory negligence in any degree.

State v. Hanlin

134 Iowa 493 · Supreme Court of Iowa · Jan 9, 1907

Wells was the duly qualified and acting clerk of the district court of Lucas county, Iowa. During the same period the defendant herein served continuously as Mr. … That it is competent for the trial court to order the resubmission of a criminal charge to the grand jury where the indictment is clearly defective, see State v. Kimble, 104 Iowa, 19 . 2.

Glandon v. Fiala

261 Iowa 750 · Supreme Court of Iowa · Feb 6, 1968

Aldrich, 246 Iowa 1160 , 68 N.W.2d 733 clearly demonstrates the trial court committed prejudicial error in overruling defendant’s motion to withdraw the quoted specification and submitting it to the jury. … . * * * ” The undisputed facts establish defendant had the directional right of way but this is not an absolute right, but a relative one.

State v. Hopkins

192 N.W.2d 747 · Supreme Court of Iowa · Dec 15, 1971

Yarham, 206 Iowa 833, 840 , 221 N.W. 493 , 496: “ * * Proof of similar transactions involving crime must be clearly shown. .Mere suspicion is not enough. … We agree evidence of the 1965 transaction was relevant for the purpose of tending to establish Hopkins, because of his acquaintance and previous contacts with the sisters, was exceptionally qualified to effectively aid and

Iowa Department of Transportation v. Nebraska-Iowa Supply Co.

272 N.W.2d 6 · Supreme Court of Iowa · Nov 22, 1978

“The legislative determination that Chapters 306B and 306C bear a substantial relationship to public safety and the general public welfare is not clearly erroneous. … or a concealment of material facts necessary to establish equitable estoppel.

Plowman v. King

174 Iowa 122 · Supreme Court of Iowa · Feb 12, 1916

Nor was such experience required to qualify them to speak. … It is further argued that the verdict is clearly excessive.