Case law

Aldine Trust Co. v. National Benefit Accident Ass'n

222 Iowa 20 · Supreme Court of Iowa · Jul 31, 1936

The declarations were made so soon after and under such circumstances that they clearly appeared to be spontaneous and *25 unpremeditated. … the theory, we think it utterly fails to establish it.

Sutton v. DUBUQUE CITY COUNCIL

722 N.W.2d 206 · Supreme Court of Iowa · Sep 29, 2006

We clearly stated that this was the case in Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180, 185 (Iowa 2005). … Approval of such zoning requires a finding that the proposed development qualifies under the provisions of the ordinance authorizing PUD zoning.

In the Interest of T.C.

492 N.W.2d 425 · Supreme Court of Iowa · Nov 25, 1992

This evidence was also objected to on hearsay grounds and that the witness was not an expert qualified to testify on adoption matters. … The exception clearly does not fit the proceedings involved in this case. The evidence was inadmissible.

Crawford v. School Township

182 Iowa 1324 · Supreme Court of Iowa · Mar 12, 1918

On April 5, 1916, a petition signed by the requisite number of qualified voters, and approved by the county superintendent of schools, was presented to the board of directors of the School Township of Beaver, asking the formation … and designated tlie place and the hours therefor, at which time and place there should be submitted to the voters of said territory the question, “Shall the proposed Consolidated Independent School District of Gardiner be established

Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie Gray, Individually and on Behalf of O.D.G., Minor Child of Paul Dedrick Gray and Brenna Marie Gray v. Daniel J. Baldi Daniel J. Baldi, D.O., P.C. United Anesthesia & Pain Control, P.C. Central Iowa Hospital Corporation Iowa Health Pain Management Clinic Iowa Health System Unitypoint Health Broadl

880 N.W.2d 451 · Supreme Court of Iowa · May 6, 2016

Thus, the action was clearly “brought on behalf a minor.” See id. … In particular, the  21 depositions clearly establish that the Kragelunds did not exclusively rely on Peterson and Midwest Dairy . . . either to remove the old stalls

In Interest of AE

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.

Medco Behavioral Care Corp. of Iowa v. State Department of Human Services

553 N.W.2d 556 · Supreme Court of Iowa · Jul 24, 1996

Cases interpreting FAR require a moderate level of proof to establish a violation. … In answer to the first of them, we think the district court clearly applied the correct legal standard for determining the existence of a conflict of interest.

Mangan v. Bradac

190 Iowa 868 · Supreme Court of Iowa · Nov 1, 1920

Defendants challenge the sufficiency of the evidence ihtroduced by plaintiffs to establish that, when the 80 was bought, the purchase price was paid by Lawrence Guggerty; and they say that plaintiffs must establish that such … Speaking of Mossestad’s testimony, the court said: “We think such evidence is clearly insufficient to that end.

Poweshiek County National Bank v. Nationwide Mutual Insurance Co.

261 Iowa 844 · Supreme Court of Iowa · Feb 6, 1968

We said: “Clearly the writings come within section 622.27 and we hold they are admissible in evidence under such section. They are presumptive evidence subject to contradiction by any proper method.” … In that case we rejected the foundation for the opinion of an eminently qualified expert.

Iowa Land Title Association Vs. Iowa Finance Authority, Iowa Title Guaranty Division

Supreme Court of Iowa · Aug 21, 2009

Code r. 265―9.7(2).  6 section 16.91(5), it did not qualify the term. The legislature knows how to modify the word, “hardship,” and has done so in many instances. … The board determined the granting of the waiver in this case was clearly in the public interest.

Vasconez v. Mills

651 N.W.2d 48 · Supreme Court of Iowa · Sep 5, 2002

Mills argued in the trial court, and urges on appeal, that because Verduyn was not Vasconez’ “treating physician” at the time of their conversation, Vasconez’ statements to him did not qualify under the “medical diagnosis … In Devore we said: The distinction ... between a medical expert witness who is called to treat and actually treats the patient and one called merely to testify seems well established ....

Dickinson County v. City Development Committee

521 N.W.2d 466 · Supreme Court of Iowa · Sep 21, 1994

Qualified electors in the annexing city and the territory proposed for annexation may vote in the election. See id. The proposed annexation is authorized if a majority of the total number of persons voting approves it. … The record when viewed as a whole clearly shows that Wahpeton falls far short in its evidentiary burden.

Jacqueline Struck v. Mercy Health Services-Iowa Corp. a/k/a Mercy Medical Center-Sioux City, and Rodney J. Dean, Albert Okine, and Eileen Middleton

Supreme Court of Iowa · Apr 22, 2022

The expert witness must meet the qualifying standards of section 147.139. … The first two requirements are clearly met. Struck brought this action for her personal injury, and Mercy is a healthcare provider.

Pennington v. Town of Sumner

222 Iowa 1005 · Supreme Court of Iowa · Dec 15, 1936

Section 6, Article I, of the Constitution of Iowa, is as follows: “All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities … Such right is clearly recognized not only in this state, but in other states.

State of Iowa v. Martha Aracely Martinez

896 N.W.2d 737 · Supreme Court of Iowa · Jun 9, 2017

The court has established an exemption from generally applicable Iowa law for the exclusive benefit of unauthorized aliens seeking employment in our state. … This language clearly prohibits a state prosecution based on false statements within the 1-9 form itself.

George E. Struve, by Substitute Dianne Lawrence, Paul Struve, and Ronald Struve v. Perry Struve and Clayton Struve

930 N.W.2d 368 · Supreme Court of Iowa · Jun 21, 2019

The district court did not clearly abuse its discretion in denying the motion for leave to amend to add additional claims to the petition. … “[T]he burden rests upon the appellant not only to establish error but to further show that prejudice resulted.” Id.

State v. Reese

259 N.W.2d 771 · Supreme Court of Iowa · Nov 23, 1977

Jones was granted immunity by the State in consideration for his agreeing to testify at the trial of defendant. … “The belated objection interposed by defendant was clearly inadequate: “ ‘No motion to strike was made. No application was made to have the objection precede any answers.

State v. Johnson

221 Iowa 8 · Supreme Court of Iowa · Jan 14, 1936

Walker, 133 Iowa 489 , on page 498, 110 N.W. 925 , 929 , the court said: "The record in the case clearly shows that, if the defendant is guilty of any crime, he is guilty at least of the crime of manslaughter. … Men who go armed as defendant was armed, with such deadly weapons, not showing any legitimate purpose, should not be permitted to be immune from having their doings shown for the purpose of identification of the persons and

Tara Sweeney, Individually, And By Cynthia Sweeney, Her Mother And Next Friend Vs. City Of Bettendorf And Bettendorf Parks And Recreation

Supreme Court of Iowa · Mar 13, 2009

App. 1990) (requiring intention to immunize for negligent acts be clearly and explicitly stated); Turnbough v. … An analysis of the factors used to create a duty of care clearly supports this approach.

State v. Vincik

398 N.W.2d 788 · Supreme Court of Iowa · Jan 14, 1987

An express written waiver alone is not enough to establish waiver. Fryer v. State, 325 N.W.2d 400, 409 (Iowa 1982). … Clearly Vincik was not alert and capable of giving meaningful answers to questions during the six hours after the valium had been administered to him at the hospital, the period when he signed both the waiver and the inculpatory