Case law

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.

Menary v. Whitney

244 Iowa 759 · Supreme Court of Iowa · Dec 15, 1952

The court feels, and finds, that the evidence and all the circumstances here clearly establish that a confidential relationship existed between tbe two parties on September 7, 1949, and that as between the two parties the … All of the questions were objected to as leading and suggestive, calling for opinion and conclusion of the witness upon a matter upon which he was not shown to be qualified — not asking for a statement of fact.

Amended August 16, 2016 in the Matter of Honorable Mary E. Howes, District Court Judge of the Seventh Judicial District. On Application of the Iowa

Supreme Court of Iowa · May 20, 2016

Proving scienter is not necessary to establish a violation of the rule. Mann, 512 N.W.2d at 532. … When the matter to be decided affects the interests of every judge qualified to hear it, the rule of necessity clearly applies “without resort to further factual development.” State ex rel. Hash v.

State Of Iowa Vs. Rodney Neil Heemstra

Supreme Court of Iowa · Aug 25, 2006

The court in Kilburn said: While the act of shooting [the victim] clearly caused the homicide in this case, the gunman’s brandishing of a pistol with the intention of arousing fear in [the victim] … In that case, the State attempted to use the act causing the death to establish the predicate felony.

Guttenfelder v. Chicago, Rock Island & Pacific Railroad

243 Iowa 755 · Supreme Court of Iowa · Mar 4, 1952

It should have been qualified as was the instruction given by the *762 trial court in Adams v. Pennsylvania Railroad Co., 117 Fed. 2d 649. … Co. ( 185 Iowa 378 ): “And we held tha't the condition of the crossing as detailed in the foregoing quotation did not establish liability on the part of the railroad company.

May's Drug Stores, Inc. v. State Tax Commission

242 Iowa 319 · Supreme Court of Iowa · Dec 12, 1950

With the small independent merchant driven from the field the way is open for the establishment of a monopoly. In Carroll v. … So long as a distributor acts in good faith he establishes his own trading area limits.

State of Iowa v. Marvis Latrell Jackson

Supreme Court of Iowa · Apr 29, 2016

In Rodriguez, the Court clearly established that the government has two potential avenues for meeting its burden of proving the effectiveness of third-party consent. … Last, the qualified statements made by Olson clearly do not alert officers that he knew there were items in his bedroom that did not belong  62 to him, namely the backpack.

Foods, Inc. v. Iowa Civil Rights Commission

318 N.W.2d 162 · Supreme Court of Iowa · Apr 21, 1982

A substantial handicap shall be certified by the commission through the use of standards and criteria which are established by the state education and services branch of the Iowa department of public instruction and/or a … Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. 2 .

Shortell v. Des Moines Electric Co.

186 Iowa 469 · Supreme Court of Iowa · May 21, 1919

it defendants could not, under the record, question the character of the river as navigable; for it is conceded that, in the original government survey, it was meandered, and its character as a navigable stream was thus established … other cities having a population of less than 25,000 which are traversed by meandered streams, as may be necessary to enable such cities to improve the bed *484 and banks thereof for the use and comfort of the people, is clearly

Iowa Department of Social Services, Iowa Men's Reformatory v. Iowa Merit Employment Department

261 N.W.2d 161 · Supreme Court of Iowa · Dec 21, 1977

Clearly *163 the inmate population at the reformatory has a far greater tendency to violence than does the general population. The inmates are deprived of normal sexual experiences. … Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. Code 1977, § 17A.19(8)( a )-( g ).

Amended August 26, 2014 State of Iowa v. Ricky Lee Putman

Supreme Court of Iowa · Jun 13, 2014

“A court abuses its discretion when its ‘discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’ ” State v. … First, the mere possession of pornography does not qualify as an act.

State of Iowa v. Timothy M. Fontenot

Supreme Court of Iowa · Apr 23, 2021

at trial as well as two clearly inconsistent statements. … Clearly, the jury found much of H.N.’s trial testimony not credible, which makes the evidentiary issue in this case of critical importance.

State v. Kirk

168 Iowa 244 · Supreme Court of Iowa · Dec 19, 1914

In qualifying, he testified that his father before him was a gunsmith, that he had manufactured guns but had ceased to do so five years previous, that he was “constantly handling, repairing, and fixing guns that had been … Y.) 36, the jury had the revised statutes of New York before them defining the offenses of murder and manslaughter during their deliberations and inasmuch as the jury were clearly and fully instructed as to these offenses

In re the Marriage of Suraj George Pazhoor and Hancy Chennikkara Pazhoor, Upon the Petition of Suraj George Pazhoor v. And Concerning Hancy Chennikkara f/k/a Hancy Chennikkara Pazhoor

Supreme Court of Iowa · Mar 18, 2022

“[T]herefore clearly [the guidelines] are not binding on Iowa courts” and cannot serve “as the starting point for a trial court nor as the decisive factor for a reviewing court on appeal.” Id. … In In re Marriage of Mann, we considered transitional alimony after concluding the spouse requesting alimony did not qualify for rehabilitative, reimbursement, or traditional alimony. 943 N.W.2d at 23.

Amended June 14, 2016 in the Interest of J.C., Minor Child J.C., Minor Child

Supreme Court of Iowa · Apr 1, 2016

A.W. does not speak very clearly. A.W. is in speech therapy and, according to A.W.’s mother, talking to her is like talking to a two-year- old. … Though A.W. does not speak clearly, she was able to communicate effectively to Dr. Harre and the forensic investigator.

Redmond v. Carter

247 N.W.2d 268 · Supreme Court of Iowa · Nov 23, 1976

V, § 1, to establish an intermediate appellate court. However, we do not agree with intervenor's analysis. … Petitioner challenges their right to qualify because of the constitutional provision just set out. He is joined in this contention by the Attorney General, who intervened in the cause.

State v. Marti

290 N.W.2d 570 · Supreme Court of Iowa · Mar 19, 1980

Bier, 591 P.2d 1115, 1118 (Mont.1979) (conviction of negligent homicide for wife’s suicide upheld as “defendant’s conduct in pulling out, cocking and throwing a loaded gun within reach of his intoxicated wife clearly qualifies … The tentative, provisional nature of trial court’s ruling clearly required defendant to notify the court if his dissatisfaction continued. Cf. Bean v.

Rosenau Ex Rel. Rosenau v. City of Estherville

199 N.W.2d 125 · Supreme Court of Iowa · Jun 29, 1972

The majority finds as a matter of law this minor plaintiff could not qualify as an invitee unless he entered it intending to use the field to play baseball. … I say "possible" because the jury could have found otherwise; but the circumstances clearly raised a jury question on the issue.

State v. Galloway

275 N.W.2d 736 · Supreme Court of Iowa · Feb 21, 1979

We find reversible error which clearly demands another reversal and a remand for a fourth trial. On the evening of January 3, 1964, three men entered a store in Davenport. … An expert unavoidably learns through hearsay in gaining the expertise required to qualify as an expert and relies on that hearsay in expressing an opinion.

Marriage of Matthew Tait Miller and Karri Ann Miller

Supreme Court of Iowa · Nov 19, 2021

Matt qualified for an ordinary disability retirement benefit (chapter 411 ordinary disability benefit) due to his PTSD diagnosis. Id. § 411.6(4). … Iowa Code section 411.6 also clearly distinguishes between each of the different types of “retirement benefits.”