Case law

State v. O'CONNELL

275 N.W.2d 197 · Supreme Court of Iowa · Feb 21, 1979

Here defendant’s motion was titled and clearly intended to be treated only as a motion in limine. However, trial court directed the filing of briefs and held a hearing on the record. … When the testimony relating to the significance of the green belt and the art of karate was offered through a qualified police officer who found the uniform in the mobile home, defendant’s relevancy objection was overruled

State Of Iowa Vs. Luis Fernando Ortiz

Supreme Court of Iowa · May 29, 2009

First, the State failed to establish Ortiz spoke and understood English. … I have not received any promise of immunity of any other type and they have not used any physically [sic.] force or pressionment [sic.] of any to force me to make a statement.

Amended August 18, 2015 Planned Parenthood of the Heartland, Inc. and Jill Meadows v. Iowa Board of Medicine

Supreme Court of Iowa · Jun 19, 2015

If the ultrasound images are of poor quality or do not clearly show the gestational sac, the physician does not dispense the medication to the woman. … Ed. 2d 687 (1983)] that the State may not require that a physician, as opposed to a qualified assistant, provide information relevant to a woman’s informed consent.

Catholic Charities of Archdiocese of Dubuque v. Zalesky

232 N.W.2d 539 · Supreme Court of Iowa · Aug 29, 1975

Thus a statute will not be declared unconstitutional unless it clearly, palpably and without doubt, infringes the constitution. Hearth Corporation v. … For the one-in-ten-thousand case of the conscientious and qualified biological father, that person shall have the opportunity to present proof and should have little difficulty in establishing his parenting fitness.

State of Iowa v. Jonas Dorian Neiderbach

836 N.W.2d 470 · Supreme Court of Iowa · Aug 23, 2013

Clearly, that is not what the legislature intended.” … Clearly, he has offered more than a generalized request for records.

State v. Young

134 Iowa 505 · Supreme Court of Iowa · Jan 17, 1907

The defendant was the duly elected and qualified State Binder of the State of Iowa for the term of two years beginning January 2, 1899, and the plaintiff claims that during such period he was overpaid for work done in that … This is not so, as was clearly pointed out in Heath v. Albrook, supra, in overruling Painter v.

State of Iowa v. Lavelle Lonelle McKinley

860 N.W.2d 874 · Supreme Court of Iowa · Mar 13, 2015

“We find an abuse of discretion only when the . . . discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” … On review, we conclude the district court’s interpretation of the phrase “substantially related” was clearly untenable.

Amended April 6, 2016 In Re the Marriage of Richard C. Mauer and Carol K. Mauer

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.

State Ex Rel. Hamilton v. Snodgrass

325 N.W.2d 740 · Supreme Court of Iowa · Oct 27, 1982

Further, because of its recognized capacity to definitively exclude a high percentage of falsely accused putative fathers, the availability of scientific blood test evidence clearly would be a valuable procedural safeguard … Unlike other evidence that may be susceptible to varying interpretation or disparagement, blood test results, if obtained under proper conditions by qualified experts, are difficult to refute.

State of Iowa v. David J. Treptow

Supreme Court of Iowa · May 28, 2021

Under the new approach established by S.F. 589, a defendant seeking to challenge a guilty plea on direct appeal must establish “good cause.” Id. § 28(a)(3) (codified at Iowa Code § 814.6(1)(a)(3) (2020)). … In Olano, the Court stated that in order to qualify for plain error, the error must occur at the trial level, the error must be plain, and the plain error must “affect substantial rights.” Id.

Amended March 27, 2015 In RE the Marriage of Steven Michael Gust and Linda Leann Gust Upon the Petition of Steven Michael Gust

Supreme Court of Iowa · Jan 16, 2015

The Academy urges a guideline approach where marriages over twenty years qualify for unlimited spousal support. See id. at 80. … While clearly not binding on an Iowa court, the AAML guidelines nonetheless provide a useful reality check with respect to an award of traditional spousal support. See, e.g., Boemio v.

Midland Mutual Life Insurance Co. v. Mercy Clinics, Inc.

579 N.W.2d 823 · Supreme Court of Iowa · May 28, 1998

The Restatement provides that the following types of payments and benefits qualify as collateral source payments which do not reduce the plaintiffs recovery: insurance policies, employment benefits, gratuities, and social … This is evidenced clearly by the language of the agreement, which states: “The assignment made hereby is an absolute and unconditional assignment of rights only, and not a delegation of duties.”

Sam Soifer, Estate Of Barbara J. Soifer, By Sam Soifer And Joann Robinson, Coexecutors, And Franchise Realty Interstate Corp. Vs. Floyd County Board Of Review

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 Blanchfield 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

Terri Endress v. Iowa Department of Human Services

Supreme Court of Iowa · May 29, 2020

Currency, 236 F.3d 610, 614 (10th Cir. 2000) (“[W]e [are not] aware[] of any general waiver of sovereign immunity for unjust enrichment claims. … Moreover, fairness or policy reasons cannot by themselves waive sovereign immunity.”); see also United States v. Craig, 694 F.3d 509, 513 (3d Cir. 2012)).

State of Iowa v. Jason Michael Pirie

Supreme Court of Iowa · Mar 7, 2025

It certainly would have been better for the district court to establish this on the record, but this is not a reason to reverse and remand for resentencing. … Pirie “must overcome the presumption in favor of the sentence by affirmatively demonstrating the court relied on an improper factor” or based its decision on clearly untenable grounds.

In the Interest of T.H., Minor Child

913 N.W.2d 578 · Supreme Court of Iowa · Jun 15, 2018

Juveniles adjudicated delinquent of a qualifying offense are considered "convicted" for registration purposes. Id. § 692A.101(7). … Prior to 2009, the statute granted juvenile courts discretion with respect to all juveniles adjudicated delinquent of a qualifying offense.

AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations Board

928 N.W.2d 21 · Supreme Court of Iowa · May 17, 2019

"We will not declare something unconstitutional under the rational-basis test unless it 'clearly, palpably, and without doubt infringe[s] upon the constitution.' " Residential & Agric. Advisory Comm., LLC v. … We do not depart from our established precedent in this case." (Citations omitted.)).

State v. Fluhr

287 N.W.2d 857 · Supreme Court of Iowa · Jan 23, 1980

This is because the record of the guilty plea proceeding will clearly demonstrate the plea was intelligently and voluntarily made and thus beyond the pale of constitutional challenge. … Only lay-oriented explanations qualify to alone presume understanding. See Hoskins, 246 N.W.2d at 267-68 ; Ryan v. Iowa State Penitentiary, Ft. Madison, 218 N.W.2d 616, 619 (Iowa 1974).

Lynch v. Uhlenhopp

248 Iowa 68 · Supreme Court of Iowa · Sep 18, 1956

Superior Court, 20 Cal.2d 202, 205 , 124 P.2d 831, 833 ): "It is well established that `the acts constituting the contempt must be clearly and specifically prohibited by the terms of the injunction,' and that the `party bound … In affirming the action of the Court in punishing the trustees for contempt, this Court said: "If these articles of discipline in any way qualify the right of the trustees to control the use of the house [church], they should

Zacek v. Brewer

241 N.W.2d 41 · Supreme Court of Iowa · Apr 14, 1976

These grounds can be established, and were established, without conclusively demonstrating the inadmissibility of Applicant’s confession.” … Due process of law is a summarized constitutional guarantee of respect for those personal immunities which, as Mr.