Iowa Supreme Court preview: Final cases of the term set for oral argument April 10

By: Rox Laird on April 9th, 2018

The Iowa Supreme Court will hold its final round of oral arguments April 10 before the justices devote the remainder of the term cranking out opinions in previously submitted cases.

The justices will hear arguments in four cases, including one attorney-discipline case. Two cases will be submitted to the court without oral argument. Following are previews of three of the cases to be argued.

In the Matter of Property Seized From Jean Carlos Herrera and Fernando Rodriguez

Set for argument at 9 a.m. April 10

Jean Carlos Herrera and Fernando Rodriguez appeal the dismissal by the Pottawattamie County District Court of their claims regarding the State’s seizure of an automobile belonging to Rodriguez and contents of the automobile belonging to Herrera, including $44,900 in cash. The Supreme Court granted further review of a ruling by the Iowa Court of Appeals affirming the District Court in part and reversing in part.

The two claimants raise distinct issues in this consolidated appeal. Rodriguez argues he should be able to recover attorney fees since his vehicle was returned to him by the State. Herrera argues separately that he is in the position of waiving one constitutional right to assert another.

Herrera asserts that the search and seizure were illegal under the Fourth Amendment. But he cannot raise that issue without first establishing standing. To do that, he must testify to his ownership interest in the seized property, which he cannot do without running the risk that his testimony could be used against him in violation of his rights under the Fifth Amendment.

“This forces [Herrera] to make an unconstitutional choice between his Fourth and Fifth Amendment rights, and is untenable under both the Iowa and federal constitution,” his attorney, Dean Stowers, said in a brief submitted to the Court.

Herrera argues that the trial court should first address the legality of the search and seizure. If they weren’t valid, there is no need to force him to forfeit his Fifth Amendment rights by testifying about his ownership interest in the seized items.

Michelle R. Skadburg v. Gary Gately and Whitfield & Eddy

Set for argument at 9 a.m. April 10

Skadburg appeals a ruling from the Cerro Gordo County District Court dismissing her legal malpractice suit against Gary Gately and Whitfield & Eddy. The trial court ruled the suit was barred because it was filed after the five-year statute of limitations had expired. The Supreme Court granted the application for further review from the Iowa Court of Appeals, which reversed the trial court.

The three-judge Court of Appeals panel split 2-1 in ruling there is a “genuine issue of material fact as to when Skadburg had knowledge of her cause of action” against Gately. Absent that knowledge, the statute of limitations would not have expired before she filed suit.

City of Des Moines, et al. v. Iowa Department of Transportation

Set for argument at 1:30 p.m. April 10

Des Moines, along with Muscatine and Cedar Rapids, appeal a decision by the Polk County District Court that the Iowa Department of Transportation has the power to regulate the manner in which cities enforce traffic laws – in this instance by ordering the cities to remove certain automated speed-enforcement cameras set up on primary highways within their boundaries.

The cities urge the court to reverse the trial court and declare that they have the power under the home-rule amendment to the Iowa Constitution to enforce traffic laws using automated cameras.

The DOT argues its automated-camera regulations on primary highways are justified in the interest of safety and uniformity, and that home-rule authority “must yield to legitimate DOT safety regulations of traffic cameras on primary highways.”

This is one of four cases before the Court this term regarding automated traffic-enforcement cameras. A second case, Reuven Weizberg, et al., appellees v. City of Des Moines, appellant, and Gatso USA, Inc., appellee, will be submitted to the Court on April 10 without oral argument. That class-action suit is a due-process challenge to the city’s method of prosecuting speeding violations using automated traffic cameras.

Two cases were submitted to the Court in September – City of Cedar Rapids v. Leaf, and Behm, et al. v. City of Cedar Rapids and Gatso USA. Among the issues raised in these two appeals: Did the city unconstitutionally delegate core police functions to a private contractor to install and operate the speed cameras?

 

Share and Enjoy:
  • LinkedIn
  • Twitter
  • Facebook
  • Digg
  • StumbleUpon
  • Reddit
  • del.icio.us
  • Yahoo! Buzz
  • NewsVine
  • Tipd
  • email
  • Print

Tags: , , ,

On Brief

About Us

On Brief is devoted to appellate litigation, with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the United States Court of Appeals for the Eighth Circuit.
Share and Enjoy:
  • LinkedIn
  • Twitter
  • Facebook
  • Digg
  • StumbleUpon
  • Reddit
  • del.icio.us
  • Yahoo! Buzz
  • NewsVine
  • Tipd
  • email
  • Print



Links