Case law

Hatfield v. White Line Motor Freight Co.

223 Iowa 7 · Supreme Court of Iowa · Mar 9, 1937

Trucks were constantly going in and passing out while delivering or removing material for the great manufacturing establishment which stood opposite the office building. … The ease is clearly within the principle laid down in Dewey v. Chicago & N. W. Ry. Co., 31 Iowa 373 .”

In Re the Marriage of Spiegel

553 N.W.2d 309 · Supreme Court of Iowa · Sep 18, 1996

Nevertheless, orn-eases have imposed requirements which appear to qualify this general statement. … For unexplained reasons, the test for establishing the validity of a prenuptial agreement was stated differently in In re Estate of Shepherd, 220 Iowa 12, 19 , 261 N.W. 35, 39 (1935).

State of Iowa v. Andrew James Lopez

872 N.W.2d 159 · Supreme Court of Iowa · Dec 4, 2015

The defendant “need not establish that, “ ‘but for his counsel’s failure to object, he would have received a different sentence.” ’ ” State v. … Because B.H. was under the age of eighteen, his father, as an immediate family member, qualified as a victim under Iowa Code section 915.10(3).

Amended September 20, 2017 State of Iowa v. Kelvin Plain Sr.

Supreme Court of Iowa · Jun 30, 2017

When assessing a district court’s decision for abuse of discretion, we only reverse if the district court’s decision rested on grounds or reasoning that were clearly untenable or clearly unreasonable. … We review the issuance or denial of a requested cautionary instruction for abuse of discretion and only reverse if the district court’s decision rested on grounds or reasoning that were clearly untenable or clearly unreasonable

Robert Krogmann v. State of Iowa

914 N.W.2d 293 · Supreme Court of Iowa · Jun 22, 2018

Krogmann maintains the asset freeze was clearly illegal under our prevailing precedent. In support of his position, he cites Maniccia . … Kaufman, Does the Judge Have a Right to Qualified Counsel? , 61 A.B.A. J. 569 , 569 (1975))); Gideon , 372 U.S. at 344 , 83 S.Ct. at 796 (noting governments "quite properly" spend vast amounts of money to prosecute).

Marlene Banwart and Richard Banwart v. Neurosurgery of North Iowa, P.C., David Beck, M.D., and Thomas Getta, M.D.

Supreme Court of Iowa · Mar 7, 2025

Additionally, we interpret statutes consistent with the common law unless the statutory language clearly negates the common law. … Stinnie, 604 U.S. ___, ___, 2025 WL 594737, at *6 (Feb. 25, 2025) (“The rule we establish today also serves the interests of judicial economy.

Jeremy A. Brokaw, Joel Brokaw And Karma Brokaw Vs. Winfield-Mt. Union Community School District And Andrew McSorley

Supreme Court of Iowa · Sep 10, 2010

The previous incident between Andrew and Danville player Schlarbaum does not establish that Andrew was an aggressive or assaultive player. . . . … The trial court determined McSorley committed a battery upon Jeremy when McSorley ―clearly and intentionally struck Jeremy . . .

Cox v. Cox

182 Iowa 935 · Supreme Court of Iowa · Jun 26, 1917

Cox qualified' as executor. … Counsel for appellant concede that, if she has established neither one of these points, she can get no relief, but contend that, if she establishes either, she may receive the relief asked.

State of Iowa v. Brian De Arrie McGee

Supreme Court of Iowa · May 14, 2021

On the one hand, it is clear that expressions of administrative convenience clearly are insufficient to avoid the warrant requirement. … interest needed to establish an exigency.

Lefebure v. American Express Company

160 Iowa 54 · Supreme Court of Iowa · Feb 21, 1913

It is enough- to say that plain *65 tiff’s testimony from which we have quoted, clearly negatives the idea of fraud on his part. … This qualification of the liability of the carrier is reasonable, and is as important as the rule which it qualifies.

Valentino Maghee Vs. State Of Iowa

Supreme Court of Iowa · Oct 9, 2009

See, 2It is well established that criminal prosecutions, including any pending appellate proceedings, abate upon the death of the defendant. See, e.g., State v. … The mootness of this controversy is clearly demonstrated when one focuses on the relief ultimately sought by Maghee––immediate release on parole.

State of Iowa v. Archaletta Latrice Young

863 N.W.2d 249 · Supreme Court of Iowa · Apr 3, 2015

We are not dealing with an open-textured phrase such as “privileges and immunities” or “due process of law” which are inherently, if not deliberately, ambiguous and require a process of constant reinterpretation and reappraisal … While it may be that the “cases” language amounts to constitutional support for a right to counsel in qualifying civil contexts, it also strongly suggests that if a right to counsel exists in civil eases in which “liberty

State of Iowa v. Zyriah Henry Floyd Schlitter

Supreme Court of Iowa · Jun 10, 2016

The claimant must establish both elements of the claim. Dempsey v. State, 860 N.W.2d 860, 868 (Iowa 2015). … 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

Wright v. Brooke Group Ltd.

652 N.W.2d 159 · Supreme Court of Iowa · Oct 9, 2002

cigarette companies disputed for decades that their products were dangerous, [cigarettes] would not be products for which consumers would normally have an expectation of safety or dangerousness decades in the past,” thus qualifying … Clearly, then, under Iowa law, a plaintiff may not recover from a cigarette manufacturer under a manufacturing defect theory when the cigarettes smoked by the plaintiff were in the condition intended by the manufacturer.

International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.

186 Iowa 86 · Supreme Court of Iowa · May 14, 1919

Appellee contends this offered instruction is a concession that “market value is the test if market has been shown,” and that, if the seller has not arbitrarily fixed the price, “this value may be established by plaintiff … The objection to Exhibit F that is now' relied on is not to the form of the exhibit; hence, the answer that the exhibit was clearly *120 admissible, on the authority of Louisville Bridge Co. v. L. & N. R.

Helton v. Crawley

241 Iowa 296 · Supreme Court of Iowa · Feb 7, 1950

Defendant married Cliff Crawley and they established a good home a few miles west of Pleasantville, in Warren County, Iowa. … This then became an equity matter and a court of equity is the ever qualified and zealous guardian of all children of tender .years and will exercise its powers at any time, any place, in such a way as their protection requires

McCready v. Sexton & Son

29 Iowa 356 · Supreme Court of Iowa · Jun 15, 1870

Erwin, supra, and say “it has heen held that this language must be qualified by a condition that the case is one in which the officer had acquired jurisdiction. … The other view renders it necessary to defeat the legislative will as clearly expressed, because in conflict with the constitution. And this, I need not say, is to be avoided if possible.

Amended July 13, 2015 State of Iowa v. John Robert Hoyman

Supreme Court of Iowa · May 1, 2015

Geisen, 612 F.3d 471, 487 (6th Cir. 2010) (indicating that an “intent to deceive” must be proved to establish a violation of 18 U.S.C. § 1001). Other federal appellate courts disagree. See United States v. … Our law is well-established that contradictory and confusing instructions will necessitate a new trial. See Burkhalter v.

Ryan v. Kanne

170 N.W.2d 395 · Supreme Court of Iowa · Nov 12, 1969

The trial court clearly intended to restrict the damages to the difference between the plaintiffs’ representation of the Accounts Payable — Trade and the correct amount as shown by the re-audit, less $5,000 plaintiffs retained … Plaintiffs state those publishing this periodical are not certified accountants and contend they could not qualify as experts in the field of certified public accounting.

State Of Iowa Vs. Thomas Leonard Campbell

Supreme Court of Iowa · May 19, 2006

This was clearly a misstatement of the applicability of rule 5.404(b). It is not a rule pertaining to witnesses, but, rather, a rule pertaining to evidence of past conduct in order to prove subsequent conduct. … In criminal cases the defendant has a qualified constitutional right to show the bias of government witnesses. 1 John W. Strong, McCormick on Evidence § 39, at 144-45 (5th ed. 1999) (citing Davis v.