Case law

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  • In re Marriage of Frazier

    Supreme Court of Iowa · Jan 12, 2024

    Aug. 21, 2013), as that case involved never- married parents seeking to establish a formal custody arrangement upon the father’s filing of a petition to establish custody, child support, and medical support. … This is well-established Iowa law. In Harder v.

    Cited 0 timesPublished
  • Iowa Supreme Court Attorney Disciplinary Board v. Harold K. Widdison

    Supreme Court of Iowa · May 28, 2021

    According to the commission, Widdison was clearly trying to mislead and intimidate witnesses for the opposing party the week before trial. … We established a three-step process for considering violations of this rule in Iowa Supreme Court Attorney Disciplinary Board v. Attorney Doe No. 792, 878 N.W.2d 189, 194–95 (Iowa 2016).

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

    Supreme Court of Iowa · May 17, 2019

    We do not depart from our established precedent in this case.” … Constitutional lines are clearly available. A collective bargaining statute in Wisconsin is one such example. See Wis. Educ. Ass’n Council v. Walker, 705 F.3d 640, 642–43 (7th Cir. 2013).

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  • Joanne Cote v. Derby Insurance Agency, Inc., an Iowa Corporation, and Kevin Dorn, Individually

    Supreme Court of Iowa · Mar 9, 2018

    On the employee-numerosity issue, the district court appropriately decided Derby, as a corporation, did not qualify for the statutory exemption for “members of the employer’s family.” Iowa Code § 216.6(6)(a) (2014). … Cote clearly states that she thought Dorn was exposing himself in her presence during this timeframe . . . .

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  • Michael Thomas Goodwin v. Iowa District Court for Davis County

    Supreme Court of Iowa · Dec 20, 2019

    Nothing in our training as judges qualifies us for that task, and nothing in Article III gives us that authority.”); Roper, 543 U.S. at 607, 125 S. … Combined with the citation to Roby, his general reference to the Iowa and United States Constitutions clearly implicate the cruel and unusual punishment clauses of both.

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  • EMC Ins. Group, Inc. v. Gregory M. Shepard

    Supreme Court of Iowa · Jun 11, 2021

    Shepard a second time” and alleging that “EMCI clearly has not followed the appraisal process set forth in the Iowa Business Corporations Act.” … This list was prepared by EMCI’s agent (AST) but still qualifies as a corporate record.

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  • Amended September 13, 2016 State of Iowa v. Mar'yo D. Lindsey Jr.

    Supreme Court of Iowa · Jun 24, 2016

    The question arises whether such behavior qualifies as furtive acts supporting reasonable suspicion, or whether the comments were mere assertions of the right to privacy. An illustrative case is T.S. v. … In this case, the facts clearly indicate the coach willfully grabbed the equipment bag and withheld it from the person Lindsey intended it to be entrusted to because the superintendent asked him to.

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  • EMC Ins. Group, Inc. v. Gregory M. Shepard

    Supreme Court of Iowa · Jun 11, 2021

    Shepard a second time” and alleging that “EMCI clearly has not followed the appraisal process set forth in the Iowa Business Corporations Act.” … This list was prepared by EMCI’s agent (AST) but still qualifies as a corporate record.

    Cited 0 timesPublished
  • State v. Sweet

    879 N.W.2d 811 · Supreme Court of Iowa · May 27, 2016

    Stephen Hart, a highly qualified expert witness in the field of clinical psychology with a special focus on the assessment of ■violence, risk, and psychopathic personality disorder. Dr. … Even though the federal standard of ineffective assistance established in Strickland v.

    Cited 83 timesPublished
  • Amended September 1, 2016 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

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  • State Of Iowa Vs. Jordan Kevin Lamar Bruegger

    Supreme Court of Iowa · Oct 2, 2009

    The court in Lockyer declined to intervene, noting that the sentence did not violate “clearly established law.” Id. at 77, 123 S. Ct. at 1175, 155 L. Ed. 2d at 159. … Bruegger does not clearly distinguish between a facial attack or an attack as applied in his appeal.

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  • Green v. Wilkie

    36 L.R.A. 434 · Supreme Court of Iowa · Apr 13, 1896

    The liability of the maker was made to turn, when the fraud was established, on the fact of her negligence in placing her name to the paper. The case copies from Chipman v. … We think that the law clearly contemplates that the judge who tried the case should make the certificate, and that he must do so while still in office.

    Cited 18 timesPublished
  • Iowa Supreme Court Attorney Disciplinary Board v. Mason James Ouderkirk

    845 N.W.2d 31 · Supreme Court of Iowa · Mar 28, 2014

    Clearly, an attorney who creates sham documents to falsify what he knows to be the true state of affairs has committed a fraud. See Jacobsen, 511 N.W.2d at 615–16. … “An ostrich-like, head-in-the-sand approach” does not “immunize attorneys from an inference of actual knowledge.” Iowa Supreme Ct. Att’y Disciplinary Bd. v.

    Cited 25 timesPublished
  • Kenneth Lee Doss v. State of Iowa

    Supreme Court of Iowa · Jun 25, 2021

    Here, Doss clearly asserted both federal and state constitutional claims, even though he presented only one constitutional standard.® “[A]n as-applied challenge alleges the statute is unconstitutional as applied to a particular … I will not establish, pursue or maintain any dating, romantic and/or sexual relationship(s). KE’ 0.)

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  • State of Iowa v. Kevin Dwayne Woods, Jr.

    Supreme Court of Iowa · Jun 27, 2025

    It may not be a “dead ringer,” but it is clearly a “historical analogue” for purposes of the Bruen analysis. Rahimi, 602 U.S. at 708–09 (Gorsuch, J., concurring) (quoting Bruen, 597 U.S. at 30). … This is a critical qualifier: carrying a firearm is beyond the protection of the Second Amendment when it is done for an unlawful purpose.

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  • Planned Parenthood of the Heartland, Inc., on behalf of itself and its patients v. Kim Reynolds, Iowa Department of Human Services, Iowa Department of Public Health, and Kelly Garcia in Her Official Capacity as Director of the Iowa Department of Human Services, and Interim Director of the Iowa Department of Public Health

    Supreme Court of Iowa · Jun 30, 2021

    By its terms, the Act clearly precludes PPH from participating in the CAPP and PREP programs. In 2017, PPH performed approximately 95% of all abortions in Iowa. … PPH must first establish it has a constitutional due process right to provide abortions before this condition can be considered unconstitutional.

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  • Ben Villarreal Jr., Cleo Martinez, and Lacasa Martinez Texmex, Inc. v. United Fire & Casualty Company D/B/A United Fire Group

    873 N.W.2d 714 · Supreme Court of Iowa · Jan 8, 2016

    Clearly, Res Judicata Reexamined, 57 Yale L.J. 339, 339–42 (1948) (discussing the differences between the traditional narrower view and the broader transactional approach). … Further, the mere fact the bad-faith claim could have been brought earlier clearly is not determinative. See, e.g., Westway, 314 N.W.2d at 401–02.

    Cited 30 timesPublished
  • In the Interest of T.H., Minor Child

    Supreme Court of Iowa · Jun 15, 2018

    Juveniles adjudicated delinquent of a qualifying offense are considered “convicted” for registration purposes. Id. § 692A.101(7). … Mandatory registration for juveniles who have committed aggravated sexual offenses clearly has a rational connection to the nonpunitive goal of protecting the community, especially children, from subsequent sexual offenses

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  • State of Iowa v. Levi Gibbs III

    Supreme Court of Iowa · Apr 17, 2020

    In Florida, stand-your- ground is an additional immunity created by the legislature that may be raised by the defendant in a separate pretrial hearing. See Fla. Stat. Ann. … It is a well-established principle that a party’s failure to sufficiently identify and brief an issue constitutes waiver of the issue. The failure to clearly identify an issue constitutes waiver. See Goode v.

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  • State of Iowa v. Archaletta Latrice Young

    Supreme Court of Iowa · Apr 3, 2015

    Rights that “ ‘would enlarge, and not curtail the rights of the people’ ” and would “ ‘put upon record every guarantee that could be legitimately placed there in order that Iowa . . . might . . . have the best and most clearly … 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 cases in which “liberty

    Cited 0 timesPublished

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