Case law

Howard v. Des Moines Register & Tribune Co.

283 N.W.2d 289 · Supreme Court of Iowa · Sep 19, 1979

Edgerly Co. of Ottumwa, Crews said, “Following our established procedures, I know they were admonished.” … The Snyder and Blakely documents which were filed in the Governor’s office also clearly come within the definition of public records in section 68A.1.

A.B., A.C. and A.C.

Supreme Court of Iowa · Apr 2, 2021

[Mom] clearly loves her children and wants to remain involved in their lives.” … First, we must determine “whether any ground for termination under section 232.116(1) has been established.” Id.

Iowa Supreme Court Attorney Disciplinary Board v. Mary Ellen Kennedy

837 N.W.2d 659 · Supreme Court of Iowa · Sep 27, 2013

The court directed Kennedy to prepare a qualified domestic relations order (QDRO) “which will divide both of the accounts equally awarding [Stephanie Robinson] 50 percent of the balance.” … Unlike here, the Board in McCarthy established serious trust account violations.

Korf v. Fleming

239 Iowa 501 · Supreme Court of Iowa · Apr 6, 1948

With respect to (2) and (3) there was clearly no prejudicial error. There was no abuse of discretion by the court in restricting the cross-examination. … Plaintiff used five qualified witnesses — farmers and realtors of the vicinity. Defendants used six witnesses equally qualified, but not quite so familiar with the farm. We tabulate their testimony.

Krueger v. Lynch

242 Iowa 772 · Supreme Court of Iowa · Jun 5, 1951

But clearly the defendant cannot be abridged of any right by such an irregularity; he is not obliged to appear until the twentieth day after service, exclusive of the day of service, and any proceeding had before that day … The rule of presumption of legal knowledge has never gone further than to prevent an excuse of ignorance of the law as immunity from punishment for violation of a criminal statute or liability for invading personal or property

Priest v. Whitney Loan & Trust Co.

219 Iowa 1281 · Supreme Court of Iowa · May 14, 1935

We have recognized the thought that banks are affected with a public interest by the legislature’s establishment of a state banking department under whose supervision these banking institutions are established, controlled … These put it beyond question that the prohibition is not an absolute one and is not to be read with literal exactness like a mathematical formula. * * * “Not only is the constitutional provision qualified by the measure of

Larry D. Eisenhauer v. The Henry County Health Center, James Widmer, and Family Medicine of Mt. Pleasant, P.C

Supreme Court of Iowa · Oct 25, 2019

“An abuse of discretion occurs when ‘the court exercise[s] [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’ ” Graber v. … This exercise of discretion was not clearly unreasonable. See id. Unlike the caselaw T.D.

Chicago, Milwaukee & St. Paul Railway Co. v. Des Moines Union Railway Co.

165 Iowa 35 · Supreme Court of Iowa · Nov 22, 1913

Louis, Des Moines & Northern Railway Company should have established this line, and that it and those claiming under it should have continued to operate, maintain, and control the disputed section in connection with other … The deed contained the recitations heretofore stated, and clearly indicated the purpose of the grantor to convey all its railroads and other property.

State Of Iowa Vs. Emmanuel Fountain

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.

Carlton v. Grimes

237 Iowa 912 · Supreme Court of Iowa · Jul 29, 1946

The record on this appeal establishes that after the passage of S. … These particular duties must be entrusted to someone, and the Constitution and the general assembly have chosen them as the best qualified.

Rhonda C. Lucas v. Peter J. Warhol and Progressive Direct Insurance Company

Supreme Court of Iowa · Jun 13, 2025

In that scenario, Warhol might see no reason to establish a separate mailing address in his own name. … This brings us to the second condition: to qualify as a proper method of service, the method chosen must be “consistent with due process of law.” Id.

Amended December 3, 2014 State of Iowa v. Patrick Edouard

Supreme Court of Iowa · Jul 18, 2014

Given the existence of that professional treatment environment and relationship, we concluded, the nursing assistant’s provision of certain services might reasonably have “qualifie[d] him as a ‘counselor’ or ‘therapist … A failure of that nature, we have often said, will establish prejudice. See, e.g., State v.

State v. Trudo

253 N.W.2d 101 · Supreme Court of Iowa · Apr 20, 1977

Abuse of discretion is shown only when it is demonstrated that such discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable. State v. … Objection was made this was not the proper subject of expert testimony, witness not qualified, invading the province of the jury. The objection was overruled. The following episode then occurred: "A.

Johnston v. Linder

168 Iowa 441 · Supreme Court of Iowa · Oct 23, 1913

It should amount to more than a preponderance in the balancing of probabilities and should, by its completeness and reliable character, fully and clearly satisfy the court that the certificate of the notary is untrue and … Because of its unsatisfactory character, tbe legislature in its wisdom declined to authorize and impliedly declared incompetent evidence by comparison by persons not qualified to mark the distinctions or similarities on which

In the Matter of the Guardianship of L.Y.

Supreme Court of Iowa · Jan 14, 2022

pursuant to transfer of the child’s case in accordance with section 232.104, the parents of a minor child, or either of them, if qualified and suitable, shall be preferred over all others for appointment … Before the Guardianship Act took effect, guardians had to prove 122 A.2d 444, 446 (R.I. 1956) (per curiam) (“Unless it is shown clearly that by abandonment or other conduct or conditions the parents are presently unfit

Rhonda C. Lucas v. Peter J. Warhol

Supreme Court of Iowa · Jun 13, 2025

In that scenario, Warhol might see no reason to establish a separate mailing address in his own name. … This brings us to the second condition: to qualify as a proper method of service, the method chosen must be “consistent with due process of law.” Id.

In the Matter of the Guardianship of L.Y.

Supreme Court of Iowa · Jan 14, 2022

pursuant to transfer of the child’s case in accordance with section 232.104, the parents of a minor child, or either of them, if qualified and suitable, shall be preferred over all others for appointment … Before the Guardianship Act took effect, guardians had to prove 122 A.2d 444, 446 (R.I. 1956) (per curiam) (“Unless it is shown clearly that by abandonment or other conduct or conditions the parents are presently unfit

Amended July 18, 2017 In RE Steinberg Family Living Trust David L. Steinberg v. Steven C. Steinberg

Supreme Court of Iowa · Apr 28, 2017

Under our prior caselaw, the Winnebago property is clearly adeemed. … We think it is clear that the third sentence of Article 5, section B qualifies the first sentence. The first sentence leaves a specific gift to David—the Iowa property.

State v. Eads

166 N.W.2d 766 · Supreme Court of Iowa · Apr 8, 1969

"Any exculpatory evidence" in possession of the police department or the county attorney which would assist defendant in establishing his innocence. A hearing was held before Judge W. R. … A prosecutor who fails to reveal evidence that clearly would aid the accused's defense would seem to have lost sight of his proper objective.

Weitl v. Moes

311 N.W.2d 259 · Supreme Court of Iowa · Oct 21, 1981

Prior to that time, a husband’s independent cause of action for loss of the society of his wife had become firmly established as a part of Iowa’s common law. See Mowry v. … Skloff, 415 Pa. 47, 48-50 , 202 A.2d 9, 10-11 (1964). 9 Plaintiffs also argue that it ■ would be incongruous to immunize a tortfeasor from liability when he injures an unborn fetus badly enough to cause stillbirth, but to