Case law

State v. Sauls

356 N.W.2d 516 · Supreme Court of Iowa · Oct 17, 1984

The crime of robbery is a forcible felony which qualifies a homicide for first-degree murder under the felony-murder section. Iowa Code § 702.11 . … The present case clearly comes within those limits, however, as complicity in murder on the basis of participation in an underlying forcible felony is firmly rooted in the law.

Soifer v. Floyd County Board of Review

759 N.W.2d 775 · Supreme Court of Iowa · Jan 23, 2009

Because other properties need not be identical to qualify as comparable, we think it follows that the use of other properties need not be identical. … Clearly, given the fact Blanch-field placed greatest reliance on sales one and four in valuing the subject property, it is reasonable to conclude that, had he used the correct square footage for comparable four, he would

Iowa Coal Mining Co. v. Monroe County

555 N.W.2d 418 · Supreme Court of Iowa · Oct 23, 1996

Clearly, Iowa Coal has alleged an inverse condemnation claim. … A favorable decision there would have established the use.

City of Waukee v. City Development Board

590 N.W.2d 712 · Supreme Court of Iowa · Mar 24, 1999

We have made it abundantly clear that whether an annexation application complies wdth the statute is not a matter of jurisdiction: The Board clearly has jurisdiction over voluntary annexation proceedings. … The Board had the benefit of an opinion from a qualified civil engineer that the boundaries created by the inclusion of the Nizzi property were more uniform and sensible.

Lutz v. Cunningham

240 Iowa 1037 · Supreme Court of Iowa · Aug 5, 1949

It would avail nothing if it were,, as the record clearly establishes that she was not damaged by any breach of contract. … The suit which cross-petitioner has brought is clearly one for rescission of the contract.

Hill v. Houck

195 N.W.2d 692 · Supreme Court of Iowa · Mar 16, 1972

759.2 states, “ * * * it is the duty * * * ”, section 759.4, which empowers the governor of the asylum state to order an investigation of the matter in his discretion would suggest the “duty” under the uniform act is also a qualified … In an extradition proceeding where the accused seeks a writ of habeas corpus his burden is a strenuous one, not being satisfied by a mere preponderance of the evidence but requiring evidence that “clearly and satisfactorily

Richards v. City of Muscatine

237 N.W.2d 48 · Supreme Court of Iowa · Nov 12, 1975

Section 6 of article I of the Iowa Constitution states, “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, which … Clearly the urban renewal bonds would constitute a constitutional debt if they were payable from the general revenues of the city without limitation.

Atchison, Topeka & Santa Fe Railway Co. v. Bair

338 N.W.2d 338 · Supreme Court of Iowa · Sep 21, 1983

The record establishes, however, that the fund is for rehabilitation of the debilitated railroad lines and branches, not for viable railroads. … At one time barges in navigable waters were considered immune from state taxation of fuel by virtue of the Commerce Clause. Helson & Randolph v.

State v. Smith

761 N.W.2d 63 · Supreme Court of Iowa · Feb 13, 2009

This court will “find an abuse of that discretion only when a party claiming it shows ‘the discretion was exercised on grounds or for reason clearly untenable or to an extent clearly unreasonable.’” … Stated another way, “ ‘the Sixth Amendment guarantees the defendant the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even

State v. Berry

241 Iowa 211 · Supreme Court of Iowa · Jan 10, 1950

It is too well-established to require further citation. The statements in question here are clearly within this sound rule. They have no appearance of fabrication. Rather they have every appearance of spontaneity. … These two however disclaimed being qualified to express an opinion-as to his insanity. Defendant’s wife describes his conduct at some length.

Wilcox v. Hamborg

242 Iowa 471 · Supreme Court of Iowa · Mar 6, 1951

The order of the court of August 11, 1949, enlarging the guardianship, was made after a qualified psychiatrist had made a full examination and report of her physical and mental condi *474 tion, as of July 29, 1949. … It is our conclusion that, without regard to whether the plaintiff or the defendants had the burden of proving the validity of the deed which plaintiff seeks to cancel, the evidence clearly establishes that the execution

Vietnam Veterans Against the War v. Veterans Memorial Auditorium Commission

211 N.W.2d 333 · Supreme Court of Iowa · Oct 17, 1973

The court reasoned that even though the groups contained well-qualified individuals, “[E]ach individual is accountable solely to his own respective organization and has no connection with any branch of government in which … legislature to make administrative positions appointive rather than elective and held where delegates from elected local school boards selected members- of the county school board, the scheme was basically appointive and immune

Mathew v. Mathew

209 N.W.2d 573 · Supreme Court of Iowa · Jul 3, 1973

Having established that as an adopted child he is entitled to inherit through Walter who was an heir-at-law of J. M. Mathew and that his adoptive father had predeceased J. M. … Accordingly, even though the testatrix in the Warden case connected the technical phrase “lawful heirs” with the language “under the inheritance laws now in force in the State of Iowa,” an adopted daughter, who qualified

In Re Rogers'estate

242 Iowa 627 · Supreme Court of Iowa · May 8, 1951

Johnson, 134 Iowa 33 , 111 N.W. 430 . *640 The situation here brings the proffered testimony clearly within the rule. … We have held that there was independent evidence sufficient to establish undue influence, if believed by the jury. IV.

Mark Leonard Milligan v. Ottumwa Police Department and City of Otumwa, Iowa

Supreme Court of Iowa · Jan 3, 2020

Dickinson, 477 F.3d 1306, 1312 & n.3 (11th Cir. 2007) (rejecting a qualified immunity defense because “[t]he law was clear at the relevant time that the DPPA preempted any conflicting state law that regulates the dissemination … Finally, the DPPA establishes civil and criminal penalties for violations.

Merle D. Brendeland, Janis Brendeland, Megan Russell, and Joseph Russell v. Iowa Department of Transportation

Supreme Court of Iowa · Nov 22, 2024

We have previously established some time parameters. In Evenson v. … This is an important qualifier given the jurisdictional nature of the rule.

Morril v. Bentley

150 Iowa 677 · Supreme Court of Iowa · Apr 4, 1911

Machinery used in manufacturing establishments shall, for the purpose of taxation, be *681 regarded as real estate. … The expression 'shares *690 of stock,’ when qualified by words indicating number and ownership, express the extent of the owner’s interest in the corporation property.

State v. Fingert

298 N.W.2d 249 · Supreme Court of Iowa · Nov 12, 1980

In this case, because the commodity accounts records were offered by the State to prove the truth of the figures stated in them, they clearly constituted hearsay. Miller, 204 N.W.2d at 840 ; see State v. … Although she did not prepare the records originally, it would appear that Kriso did have sufficient familiarity with the circumstances under which the records were kept, see Fisher, 178 N.W.2d at 383 -84, to qualify her as

Fransen v. Iowa Department of Human Services

376 N.W.2d 903 · Supreme Court of Iowa · Nov 13, 1985

However, when a state seeks to qualify for federal AFDC funding, it must operate a program that does not conflict with provisions of the federal Social Security Act. Townsend v. … Iowa has established such a program by statute. Iowa Code ch. 239.

Pilkington v. Potwin

163 Iowa 86 · Supreme Court of Iowa · Nov 22, 1913

If an appeal may be dismissed where the first notice was good, and a second appeal taken thereafter, it clearly may be done where the first notice is insufficient. … It seems to us this ease establishes the principle which must govern here.