Case law

Adair Benevolent Society v. State, Insurance Division of the State of Iowa

489 N.W.2d 1 · Supreme Court of Iowa · Jul 22, 1992

We recognized the enhanced fine as punitive which brought it clearly within “the rule prohibiting ex post facto enhancement of fines.” Kaster, 469 N.W.2d at 674 . … Because it can no longer qualify as a licensed benevolent society in Iowa, it must choose another statutory route of incorporation to stay in business here. See, e.g., Iowa Code ch. 508.

Blessum v. HOWARD CTY. BD. OF SUP'RS

295 N.W.2d 836 · Supreme Court of Iowa · Aug 27, 1980

Humiliation can be inferred from the circumstances as well as established by the testimony. . . . … As mentioned by plaintiff, in his brief, there is a body of federal law dealing with a qualified immunity from liability for damages in 42 U.S.C. § 1983 actions, which is available to various types of government officials

State ex rel. Ondler v. Rowe

187 Iowa 1116 · Supreme Court of Iowa · Dec 13, 1919

In the same case, an attack was also made upon the petition on the ground that a part of the signers of the petition were not qualified electors and that, of the qualified electors, less than one third were among the signers … irregularities in the manner and method of the call made and election held do not oust the jurisdiction, and that errors so committed are to be corrected by appeal, if a.n appeal has been provided for, is too thoroughly established

Martin Shane Moon v. State of Iowa

911 N.W.2d 137 · Supreme Court of Iowa · Apr 20, 2018

Second, Moon established a nexus between Boone’s admissions and his conviction. … The trial record clearly shows the defense vetted this motive.

Heather Martin Gartner and Melissa Gartner, Individually and as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Department of Public Health

830 N.W.2d 335 · Supreme Court of Iowa · May 3, 2013

The state uses the birth certificate to establish the fact a birth occurred, as well as to identify the child for immunization purposes. Id. § 144.13(l)(a), (d). … The state uses birth certificates to establish the fact a birth occurred, as well as to identify a child for immunization purposes. Id. § 144.13(l)(a), (d).

State v. Hallum

585 N.W.2d 249 · Supreme Court of Iowa · Oct 21, 1998

Well-established rules of statutory construction prevent us from adding a requirement to the rule that is clearly not found in the language of the rule itself. See State v. … Thus, § 232.11(2) establishes a per se rule of inadmissibility. See id.

Donnelly v. Brown, Winick, Graves, Gross, Baskerville, Schoenebaum, & Walker, P.L.C.

599 N.W.2d 677 · Supreme Court of Iowa · Sep 9, 1999

A “retirement plan” is defined as a systematic arrangement established by an employer for guaranteeing an income to employees upon retirement according to definitely established rules with or without employee contributions … The retirement plan in the present ease (requiring ten years of service and sixty years of age or twenty-five years of service) clearly qualifies as a retirement plan.

Foley v. Hamilton

89 Iowa 686 · Supreme Court of Iowa · Jan 20, 1894

It is also entirely clear that the defendant Hamilton was removed from *688 said executorship, and that the plaintiff was duly appointed and qualified as administrator of said estate, and is qualified to prosecute this action … We are also of the opinion that the appellees have failed to establish their plea of estoppel. I. The original of the bond sued upon is before us.

Shultz v. City of Oskaloosa

193 Iowa 781 · Supreme Court of Iowa · May 2, 1922

. — The original petition in this case was entitled as in equity, asMng that the boundary line between plaintiff’s property and a certain city street be settled and-established, and that the city be enjoined from encroaching … The brief of the appellant states it clearly, as follows: “The real question in this case is damages for the injury to the property of the plaintiff by virtue of placing the walk on his land and destroying the value of his

Donald Lyle Clark v. State of Iowa

Supreme Court of Iowa · Jun 7, 2024

McCoy, 742 N.W.2d 593, 596, 599 (Iowa 2007) (holding that the “person must establish more than the absence of guilt in law to establish innocence under section 66[3]A.1(2)[, t]he person must be factually innocent, not merely … In Barker, we described the same statutory protection for court-appointed counsel in Iowa Code section 815.10(6) as establishing “immunity for appointed counsel unless a postconviction court determines that the client’s ‘

Incorporated Town of Corydon v. Poston

190 Iowa 567 · Supreme Court of Iowa · Dec 31, 1920

Poston was appointed and qualified as administrator with will annexed. … A dominant charitable inclination is thereby clearly indicated.

State v. One Certain Conveyance, 1971 Honda 350 Motorcycle, Red & White in Color, Iowa 1972 License 26-71 VIN SL-350-2015068

211 N.W.2d 297 · Supreme Court of Iowa · Oct 17, 1973

These statements, and others like them, establish forfeiture actions cannot be classified as criminal proceedings. … We hold further that the reference to “any court” as used here clearly means any court in which a criminal hearing is held.

State v. Rye

260 Iowa 146 · Supreme Court of Iowa · Feb 7, 1967

The foundation established these two witnesses as regular employees of Wolf’s, their duties included the very practices and procedures outlined by the witnesses and their testimony established the fact that they were familiar … This would be clearly improper under Miranda.

May v. Elam

27 Iowa 365 · Supreme Court of Iowa · Jun 24, 1869

If the fact of such consanguinity or affinity is established, the law implies the bias, and the person is not qualified to serve as a juror if objection be made, although the court might, upon examination, be of opinion that … Unless this discretion be clearly shown to have been abused by the court below, its action will be sustained. *367 Upon a careful examination of the record it is our opinion that the appellant has not made it appear, with

Tappe Ex Rel. Tappe v. Iowa Methodist Medical Center

477 N.W.2d 396 · Supreme Court of Iowa · Nov 20, 1991

It is not enough, however, that a witness be generally qualified in a field of expertise; the witness must also be qualified to answer the particular question propounded. Ruden v. … A plain reading of the statute clearly suggests that the inference created by the law is intended to benefit medical professionals, not patients. C. Intentional infliction of severe emotional distress.

State v. Hardesty

261 Iowa 382 · Supreme Court of Iowa · Oct 17, 1967

to express an opinion can be received to aid the jury in establishing its true value. … The issues were clearly presented to the jury, which found against defendant on both issues, and there was sufficient competent evidence to sustain those findings.

Den Hartog v. City of Waterloo

847 N.W.2d 459 · Supreme Court of Iowa · May 30, 2014

As a starting point here, we find it instructive chapter 306 is entitled “Establishment, Alteration, and Vacation of Highways,” and very clearly sets forth provisions and procedures for establishing, altering, improving, … See, e.g., Iowa Code § 306.10 (“Power to establish, alter, or vacate.”); id. § 306.18 (“Establishment.”); Hansell v.

City of Bloomfield v. Davis County Community School District

254 Iowa 900 · Supreme Court of Iowa · Feb 12, 1963

. *902 On September 19, 1933, the council of plaintiff-city passed ordinance 84 designating and establishing a restricted residential district in the city. … The district’s immunity from the zoning-ordinance here would be of little value if it did not also apply to its contractor. City of Medford v. Marinucci Bros. & Co., supra, Mass., 181 N.E.2d 584 .

Marlon Mormann v. Iowa Workforce Development

913 N.W.2d 554 · Supreme Court of Iowa · Jun 15, 2018

You are clearly qualified for a Deputy Commissioner’s position and I am certain that you would be a terrific addition to our staff. … IWD argued even if there was a discovery rule, Mormann was on inquiry notice when he learned that a much younger person had been hired for a position for which Mormann was clearly qualified.

Polk County Board of Supervisors v. Polk Commonwealth Charter Commission

522 N.W.2d 783 · Supreme Court of Iowa · Oct 18, 1994

Clearly, the mayor of a city does not fall within this definition. … Nor can a mayor qualify as a “governing body” under the common understanding of that term.