Case law

Amended September 30, 2015 State of Iowa v. Hillary Lee Tyler

Supreme Court of Iowa · Jun 30, 2015

The Fourth Amendment clearly establishes a reasonable expectation of privacy in the home. Payton v. New York, 445 U.S. 573, 585, 100 S. Ct. 1371, 1379, 63 L. Ed. 2d 639, 650 (1980). … As noted by Justice Brennan in Elstad, the linkage between the unlawful confession and subsequent post- Miranda confession will ordinarily be clearly established. Id. at 321–24, 105 S. Ct. at 1299–1301, 84 L.

Lawson v. Fordyce

237 Iowa 28 · Supreme Court of Iowa · Dec 11, 1945

Nor can the supreme court on a second hearing lightly disregard a rule established by it in the same proceeding. … The reasonableness of all of the charges except the nursing charges were testified to by competent and qualified witnesses.

State Board of Regents v. United Packing House Food & Allied Workers, Local No. 1258

175 N.W.2d 110 · Supreme Court of Iowa · Feb 10, 1970

This statement is already too long, yet it is clearly incomplete. The difficulty is that the opinion and concurrence are written on a point not argued. … I would affirm the trial court without the qualifying obiter dicta which imposes unnecessary burdens on the public agencies. RAWLINGS, J., joins in this special concurrence.

Emily M. Bass, on Behalf of Herself and All Others Similarly Situated v. J.C. Penney Company, Inc.

880 N.W.2d 751 · Supreme Court of Iowa · Jun 10, 2016

The plaintiff claims the SSUTA establishes a statutory cause of action against the retailer. … We found that the statute clearly provided that the procedure under the Iowa Civil Rights Act was exclusive. Id. at 197.

Amended July 28, 2016 Iowa Supreme Court Attorney Disciplinary Board v. Larry Alan Stoller

Supreme Court of Iowa · May 13, 2016

During the time that Stoller was representing Chaplin in establishing her corporation, he was also representing the Martens. … In this email, Stoller clearly evinces the intent to pursue a future adverse action against the Zylstras.

Wayne Atwood, Arthur Jennings, Daniel Bellman, And John Carmody, On Behalf Of Themselves And All Present And Future Iowa

Supreme Court of Iowa · Dec 29, 2006

Although the statute does not expressly direct discharge of the detainee in the event probable cause is not established, this is clearly implied.  6 Once committed, “a rebuttable … Accordingly, we conclude the legislature clearly intended chapter 229A to preclude bail for detainees at the pre-trial stage.

Cathryn Ann Linn v. State of Iowa

929 N.W.2d 717 · Supreme Court of Iowa · Jun 14, 2019

The attorneys in a trial involving a BWS victim are not immune from harboring or invoking misapprehensions. … In that case, we held that Laurie Schipper had credentials we considered “impressive and [which] easily qualify her status as an expert on battered women.” Id. at 374.

Amended May 21, 2015 State of Iowa v. Lavelle Lonelle Mckinley

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 July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc.

Supreme Court of Iowa · May 6, 2016

Here, the underlying statute clearly distinguishes between damages and attorney fees. Iowa Code § 562A.12(3), (7), (8). … For one thing, section 562A.15(2) is placed within the statute and written as if it were a qualifier to section 562A.15(1) as a whole.

State of Iowa v. Zyriah Henry Floyd Schlitter

881 N.W.2d 380 · Supreme Court of Iowa · Jun 10, 2016

First, a request to appear at the police station “may easily carry an implication of obligation, while the appearance itself; unless clearly stated to be voluntary, may be an awesome experience for the ordinary citizen.” … Ultimately, they pressured Schlitter to qualify his previous unqualified strong denials by stating that he did not hurt his daughter “as far as he knew” and declaring that he was frustrated with his daughter’s behavior and

State of Iowa v. Earnest B. Bynum

Supreme Court of Iowa · Jan 10, 2020

Some false-report statutes, like the Model Penal Code, do not require false report of a criminal act to establish liability. … App. 2006) (“In addition, there are no Arkansas cases clearly defining ‘criminal activity,’ although the language from several cases suggests that ‘criminal activity’ is a criminal act as defined by statute.”).

Dunlavey v. Economy Fire & Casualty Co.

526 N.W.2d 845 · Supreme Court of Iowa · Jan 18, 1995

Respondents advance several arguments in support of their contention that a mental injury only qualifies as a “personal injury” if the mental injury is suffered in connection with a physical injury or a physical stimulus. … A major depressive disorder is clearly an impairment of health, and if caused by unusual mental stress is not the product of a natural process, but rather something which acts extraneously to damage mental health.

State of Iowa v. Kari Jean Schwartz

Supreme Court of Iowa · Jun 7, 2024

And, the record in this case does not affirmatively establish that Schwartz was not prejudiced by the instructional error. … Obviously, it is the role of juries to sort through these conflicts in the evi- dence, but clearly there were conflicts. Given these conflicts, it was important for the jury instructions to accurately state the law.

State of Iowa v. Noah Riley Crooks

911 N.W.2d 153 · Supreme Court of Iowa · Apr 20, 2018

The juvenile court denied this motion, finding Crooks failed to establish that the statute was unconstitutional. … With regard to the sentencing options, the State noted, "The 2013 Code is clearly written better than the 2011 Code section, and it's the State's opinion that that was the purpose of amending the statute.

Amended February 27, 2017 State of Iowa v. Iowa District Court for Jones County

Supreme Court of Iowa · Dec 23, 2016

“SOTP was established for bona fide rehabilitative purposes.” Id. at 519. … (4) A treatment program established by the director. Iowa Code § 903A.2(1)(a)(4).

State of Iowa v. Jeffrey Dana Kurth

813 N.W.2d 270 · Supreme Court of Iowa · May 11, 2012

“To establish ‘reasonableness,’ the state has the burden of ‘showing specific and articulable facts that indicate their actions were proper.’ ” Crawford, 659 N.W.2d at 542 (quoting Carlson, 548 N.W.2d at 142 ). … Because we have concluded that the detention of Kurth and his vehicle does not qualify as community caretaking activity, we are not required to reach the third prong of this analysis, that is, to consider whether “the public

Sioux City v. Western Asphalt Paving Corp.

223 Iowa 279 · Supreme Court of Iowa · Jul 31, 1936

Numerous witnesses with scientific training and experience amply qualifying them to speak authoritatively, testified that there was little indication of wear, and common sense and common knowledge lend much corroboration … We think the trial court was clearly in the right in so holding. Furthermore, we are of the opinion that this (“20 per cent”) specification does not apply to a concrete pavement.

State of Iowa v. Lawrence George Canady, III

Supreme Court of Iowa · Mar 22, 2024

He claims that the State failed to establish proper foundation for the recording and that the call was inadmissible hearsay. … Canady contends the evidence does not establish the element that he aided and abetted Evans in the shooting of Harrison. We disagree.

Paul J. Burroughs, Kenneth Burroughs, Terri Spinner, David Spinner, Sean Harvey, And Ty Harvey v. The City Of Davenport Zoning Board Of Adjustment, The City Of Davenport, Iowa, An Iowa Municipal Corporation, And MZ Annie-Ru Daycare Center, An Iowa Limited Liability Company

912 N.W.2d 473 · Supreme Court of Iowa · May 25, 2018

The day care center does not diminish or impair established property values in adjoining or surrounding property. 5. … It clearly provides a deadline of "thirty days after the filing of the decision in the office of the board." Iowa Code § 414.15 .

State of Iowa v. Jayel Antrone Coleman

890 N.W.2d 284 · Supreme Court of Iowa · Feb 10, 2017

To get to its result, the majority overrules another one of our established search and seizure precedents. In State v. … “Ordinary inquiries within the traffic stop’s mission clearly do not offend the fourth amendment.” Cummings II, 46 N.E.3d at 251 .