Case law

State of Iowa v. Victor Hernandez-Galarza

864 N.W.2d 122 · Supreme Court of Iowa · May 22, 2015

Such a barrier to reentry clearly would suffice to prevent [his] habeas petition from being mooted. … Second, the writ is to be served on the defendant by the sheriff or another qualified person. Id. § 663.13.

Amended May 4, 2016 Robert Allen Barker v. Donald H. Capotosto and Thomas M. Magee

Supreme Court of Iowa · Feb 5, 2016

Thus, the legislature has established immunity for appointed counsel unless a postconviction court determines that the client’s “conviction resulted from ineffective assistance of counsel.” … Clearly under the actual innocence requirement employed by the majority of jurisdictions, a plea to the charge would eliminate any cause of action for criminal malpractice, as I think it properly should.

State of Iowa v. Terry Lee Coffman

914 N.W.2d 240 · Supreme Court of Iowa · Jun 22, 2018

Twp. of Warren , 626 F.3d 170 , 177 (3d Cir. 2010) (holding, in the context of qualified immunity, that searching the home under community caretaking did not violate clearly established law); Phillips v. Peddle , 7 F. … Clearly, Oregon courts feel that police officers are able to adequately assist the citizens of their state with only the emergency-aid and exigent-circumstances exceptions. *265 V.

Farrell v. Farrell

190 Iowa 919 · Supreme Court of Iowa · Feb 8, 1921

Plaintiff was, therefore, clearly within her rights in presenting her application to the court and demanding a hearing thereon. II. Did the court err in refusing to give the plaintiff a hearing upon her application? … Aside from her act in remarrying, there is no suggestion by court or counsel that her life, character, and habits are not exemplary, or that she is not competent and qualified to be trusted with the proper discharge of the

Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and Bobbie Lynn Weatherman v. Grain Processing Corporation

Supreme Court of Iowa · Jun 13, 2014

We reserve the right to apply the federal standards differently because the six factors in Baker are not clearly defined and are open-ended. … The caselaw generally stands for the proposition that actions for damages are relatively immune to efforts to dismiss based upon the political question doctrine. See, e.g., Gordon v.

Magina v. Bartlett

582 N.W.2d 159 · Supreme Court of Iowa · Jul 29, 1998

The essential purpose of the Settlement Agreement was to establish Magina’s share of the profits generated by the development, although he would no longer play an active part in the construction and operation of the development … Bartlett, however, received the fourth floor of the development in exchange for transfer of the air rights lease to Engle, which clearly qualifies as “property other than cash.”

Khamfeung Thongvanh v. State of Iowa

Supreme Court of Iowa · Jan 24, 2020

Under a straight application of the Teague framework, as we utilized in Brewer, Plain’s holding would not qualify as a watershed rule. … the test for a fair-cross-section claim—qualifies as a structural error, one circuit court has.

Bever v. Spangler

93 Iowa 576 · Supreme Court of Iowa · Jan 29, 1895

Aside from the interest these witnesses have, it is manifest that their testimony is entitled to great weight in an investigation of this kind, for they are the persons who are the best qualified to *596 judge of bis condition … Clearly we think it would have been. How, then, is the case changed by making the motion at the conclusion of the introduction of all the testimony?

Ledezma v. State

626 N.W.2d 134 · Supreme Court of Iowa · Apr 25, 2001

On the other hand, a decision by counsel based upon tactical judgment does not completely immunize the decision from an ineffective assistance challenge. Id. at 717. … Clearly, Marie’s intentions regarding sexual intercourse were as important as those of Jose and the other two men.

Riordan v. Riordan

216 Iowa 1138 · Supreme Court of Iowa · Apr 4, 1933

On December 14, 1931, Eardley Bell, Jr., was appointed successor trustee of the Riordan trust, and duly qualified. … The trustee is clearly disabled from becoming a purchaser of the trust estate, whether the cestui que trust be an infant or an adult, and whether the sale be public or private. * * * The *1145 doctrine applies, though the

Jeremie J. Cooksey v. Cargill Meat Solutions Corporation

831 N.W.2d 94 · Supreme Court of Iowa · May 17, 2013

The district court can decide for itself whether I am attacking its diligence; I think clearly not. … Under our precedents, this would qualify as substantial, compliance with any requirement, that the agency be named as a party. In Skagit Surveyors & Engineers, LLC v.

In Re the Marriage of Hoak

364 N.W.2d 185 · Supreme Court of Iowa · Mar 20, 1985

In each case special circumstances justified the use of a previously established trust fund for support. Nielsen v. … Willa also complains about the value placed on James’ Heritage stock purchase plan, an employment qualified retirement plan.

Polk County Assessor Randy Ripperger v. Iowa Public Information Board

Supreme Court of Iowa · Dec 17, 2021

requests by police officers, judges, or others employed by any federal, state, or local government are made in their personal capacity to mask the address of their personal residence, and therefore their communications qualify … But the County Assessor does not get to unilaterally establish state law through his own promises.

Fleck v. Duro

227 Iowa 356 · Supreme Court of Iowa · Nov 14, 1939

Clearly it did not accrue to either Phillips or Fairfield, for neither of them retained any interest in the certificate, nor was either of them claiming any interest therein. … The intention of the statute is that the deed shall be given to the lawful owner of the certificate, and clearly Whaley was such owner.

J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales v. Iowa Department of Transportation, Motor Vehicle Division

Supreme Court of Iowa · Jun 17, 2022

or cremation establishment license based on “any crime related to the practice of mortuary science or implicating the establishment’s ability to safely perform mortuary science services” (emphasis added)). … In my view, our caselaw establishes that “in connection with” requires a substantive or causal connection, not a mere but-for connection.

Kim Schmett and Leanne Pellett v. State Objections Panel and Abby for Iowa

Supreme Court of Iowa · Apr 15, 2022

Without those signatures, the candidate does not qualify for the ballot; with them, she is just above the threshold. … Normally, when the legislature establishes and defines the scope of a private remedy, we deem it exclusive. See, e.g., Ferguson v.

Woodroffe v. Estate of Woodroffe

742 N.W.2d 94 · Supreme Court of Iowa · Dec 7, 2007

Her role in the company’s operations was clearly insubstantial compared to Glenn’s and Randolph’s. … This contention, too, must fail because Randolph failed to establish that any of the assets owned by Glenn were transferred to the new corporation.

Ege v. Born

212 Iowa 1138 · Supreme Court of Iowa · Apr 10, 1931

In the latter case we said: “The court, in this state of the record, should have clearly informed the jury that the driver might by his own admissions or statements, establish his negligence and his liability therefor, but … Was it sufficient to establish the reasonableness of the cost ?

Thomas v. Progressive Casualty Insurance Co.

749 N.W.2d 678 · Supreme Court of Iowa · May 16, 2008

“To obtain a grant of summary judgment on some issue in an action, the moving party must affirmatively establish the existence of undisputed facts entitling that party to a particular result under controlling law.” … The second sentence clearly states that this exclusion “includes” claims of vicarious liability.

Field v. Eastern Building & Loan Ass'n

117 Iowa 185 · Supreme Court of Iowa · May 23, 1902

Certainly here is a clearly expressed agreement, not simply to mature the stock, nor to apportion profits, more or less, but to “pay the sum of one hundred dollars for each of said shares at the end of seventy-eight months … With that doctrine established, it would be to the interest of every corporation to exceed its lawful powers in every contract, as the readiest means of paying its debts without depleting its assets. 8 V.