Case law

Iowa Right to Life Committee, Inc. v. Tooker

808 N.W.2d 417 · Supreme Court of Iowa · Dec 30, 2011

twenty-eight years ago, when we were asked to interpret the predecessors to sections 68A.102(18)(a) and 68A.402(9), we held that Iowans for Tax Relief became subject to the “political committee” reporting requirements once it established … Iowa Civil Rights Comm’n, 784 N.W.2d 8, 10-14 (Iowa 2010) (discussing at length when interpretative discretion has clearly been vested in an agency).

State v. Anderson

636 N.W.2d 26 · Supreme Court of Iowa · Nov 15, 2001

The statute establishes three central components to the exception to the marital privilege. … Our legislature intended to qualify “reports” to refer to reports of child abuse. IV. Harmless Error.

Loeffelholz v. State

162 N.W.2d 415 · Supreme Court of Iowa · Nov 12, 1968

The record clearly sustains the finding of neglect prior to June 18, 1966. … Mantei, a well-qualified social welfare worker who gave this case her special attention from February 27, 1967, Lou Mae O’Reilly, a deputy probation officer, and the parties who operated the foster homes where these children

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.

Jackman v. Herrick

178 Iowa 1374 · Supreme Court of Iowa · Jan 20, 1917

The widow was appointed executrix, along with another, and qualified, and continued to act until she became sole executrix, and until her death she acted as executrix, from 1877 to 1914, a period of thirty-six years. … Clearly, this does not show an election by the widow made of record. We held, in Putbrees v.

In Re the Legislative Districting of General Assembly

175 N.W.2d 20 · Supreme Court of Iowa · Feb 10, 1970

Senators and representatives shall be elected from districts established by law. Each district so established shall be of compact and contiguous territory. … This language of Article III, section 36 as amended, grants this court original jurisdiction to review an apportionment plan adopted by the legislature: “Upon verified application by any qualified elector, the supreme court

Iowa Ass'n of Business & Industry v. City of Waterloo, The Waterloo Commission on Human Rights, and Martin M. Peterson, in His Official Capacity

Supreme Court of Iowa · Jun 18, 2021

As noted by the special concurrence, an analysis by the plaintiffs’ expert showed that a minimally qualified white person had a forty percent greater chance of being hired than a minimally qualified African … Iowa Code section 364.3(12)(a) only supersedes city ordinances establishing different “terms or conditions of employment.”

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.

ALLIANT ENERGY-INTERSTATE POWER v. Duckett

732 N.W.2d 869 · Supreme Court of Iowa · Apr 20, 2007

This is because parties to a lawsuit cannot establish jurisdiction where it has not been first conferred by the constitution or legislation. … The agreement in each case ultimately determines the rights of the parties because our legal principles concerning indemnification are often qualified by the particular terms of the agreement, or the tariff in this case.

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

State v. Kraus

397 N.W.2d 671 · Supreme Court of Iowa · Dec 17, 1986

Misadvice on a matter so basic as the elements of the criminal charge qualifies under the foregoing incompetent representation standard. See State v. … This record does not support defendant's contention that he would have accepted the plea if he had understood more clearly the elements of second-degree murder.

Nelson v. Iowa-Illinois Gas and Electric Company

160 N.W.2d 448 · Supreme Court of Iowa · Jul 18, 1968

He stated the installations complied with the established rules and regulations in force at the time the work was done. The service station was not built until about 1948. *452 Mr. F. W. … These facts clearly distinguish this case from Cronk and compel a contrary holding as a matter of law. Plaintiff’s petition alleges numerous specifications of negligence. Many are repetitious.

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.

State v. Fountain

786 N.W.2d 260 · Supreme Court of Iowa · Jul 30, 2010

We held that the definition of assault contained in the Iowa Code required an action done with the “intent to achieve some additional consequence so as to qualify as a specific-intent crime.” Id. at 232 . … Notwithstanding the legislature’s amendment of the assault statute, we have clearly and repeatedly stated, that as the statute currently reads, assault includes an element of specific intent.

In Re the Estate of Johnson

739 N.W.2d 493 · Supreme Court of Iowa · Sep 28, 2007

The modern case law clearly suggests uniformity under an intent-based approach. See, e.g., Chrystyan v. … The record suggests the family made these decisions to help Emogene qualify for Medicaid, although the decisions were likely based on erroneous assumptions. 3 .

State v. Delano

161 N.W.2d 66 · Supreme Court of Iowa · Sep 5, 1968

This is not to say the sentencing process is immune from scrutiny. Specht v. Patterson, 386 U.S. 605, 608 , 87 S.Ct. 1209, 1211 , 18 L.Ed.2d 326 , although adhering to the pronouncement of Williams v. … State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , is clearly inapposite since it deals with “admissibility of statements” obtained from an individual subjected to custodial police interrogation. Reed v.

City of Davenport v. Public Employment Relations Board

264 N.W.2d 307 · Supreme Court of Iowa · Mar 22, 1978

The examination is then administered by the civil service commission which prepares a list of persons qualified for promotion. … While time spent in the absence of a supervisor is clearly a consideration in determining an individual’s supervisory status, it is not conclusive. See, e. g., NLRB v.

In Re Estate of Aaron Culbertson

204 Iowa 473 · Supreme Court of Iowa · Oct 18, 1927

She and I were joint executors, and qualified as such on the 17th day of January, 1924.” … In that case we said : “Under the present law, the widow may elect to accept under the provisions of the will at any time, and this fact may be established by any competent evidence.

In Re the Marriage of Richard C. Mauer and Carol K. Mauer, Upon the Petition of Richard C. Mauer

874 N.W.2d 103 · Supreme Court of Iowa · Jan 29, 2016

However, we clearly acknowledged the AAML guidelines are not Iowa law and therefore clearly are not binding on Iowa courts. Id. … In addition, once he begins drawing his social security benefits, Carol will qualify to receive increased social security benefits based on his prior employment.

Dungy v. Benda

251 Iowa 627 · Supreme Court of Iowa · Apr 5, 1960

Clearly this is not the law.” (Italics supplied.) While this opinion appears in 135 Iowa and Ryan v. … The distinction between a full release and a covenant not to sue is well established in Iowa.