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Jury instruction on ‘stand your ground’ defense violated the Fifth Amendment, Iowa Supreme Court rules
Iowa law requires that criminal defendants who invoke a “stand your ground” defense must have informed law-enforcement authorities of the use of deadly force. That requirement, on its face, may or may not violate a defendant’s constitutional rights, but a defendant’s Fifth Amendment right against self incrimination …
Changes in members create new alliances on the Iowa Supreme Court
A new majority emerged during the Iowa Supreme Court’s 2018-19 term that ended in June with the retirement of two justices and the appointment of their replacements, according to an On Brief review of the 108 decisions issued by the court during the 10-month term.
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Federal courts mostly unaffected by government shutdown – at least for now
Federal courts in Iowa will operate mostly as usual at least through next week, despite the partial government shutdown, according to statements released this week by federal court administrators.
The federal judiciary is on course to continue operating t …
Iowa Supreme Court, citing the Iowa Constitution, limits warrantless searches of containers in impounded vehicles
The Iowa Supreme Court added another category of police searches where it invoked the Iowa Constitution to extend broader protection than the U.S. Supreme Court has granted under the Fourth Amendment to the U.S. Constitution.
For drivers whose vehicles ar …
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Iowa Supreme Court to hear arguments in seven cases March 20, 21
The Iowa Supreme Court will hear arguments in seven cases March 20 and 21. Six other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the cases to be argued
January 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during January 2024. You can read Rox Laird’s analysis of In re Detention of Schuman and Chicoine v. Wellmark, Inc., in separate posts. The remaining opinions from January are summarized below.
Iowa Constitution can protect legislators from subpoenas, Iowa Supreme Court holds
Iowa legislators are shielded by the Iowa Constitution from being forced to produce communications with third parties in a civil proceeding related to the passage of legislation, the Iowa Supreme Court held for the first time in a decision h …
Iowa Court of Appeals February 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. On February 9, 2024, the Court of Appeals selected three opinions for publication, summarized below…
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.