81 results for 'court:"Iowa Supreme Court"'.
J. May finds that the lower court properly dismissed tort claims contending a child died a day after a feeding tube had been dislodged during treatment at the University of Iowa Hospitals and Clinics. While the parents did not present separate individual claims, claims brought by the estate for the child may proceed. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0759, Categories: Civil Procedure, Medical Malpractice
J. McDonald finds that the district court improperly suppressed the results of a blood test after defendant was arrested for DUI. Iowa Code Chapter 808 authorizes law enforcement officers to apply for, obtain, and execute search warrants for bodily specimens, and the deputy had good cause to apply for the warrant since defendant had been in a hit-and-run incident and appeared to be intoxicated. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1531, Categories: Search, Dui
J. Waterman finds that an employee was improperly limited in seeking reimbursement for an independent medical examination in workers' compensation claims. The employee was entitled to costs of the examination performed in determining impairment, not merely component costs of the impairment rating itself. Affirmed in part.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: February 9, 2024, Case #: 22-0471, Categories: Workers' Compensation
J. McDonald finds that an employee was improperly denied his petition for judicial review of an agency decision denying his claim for workers’ compensation benefits. The employee did not seek compensation for a preexisting disability, but rather sought compensation only for a new permanent partial disability unrelated to his first injury incident. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1894, Categories: Workers' Compensation
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J. May finds that the owner of a cow was properly granted summary judgment after the cow strayed onto the highway and was hit by a truck because the driver failed to produce evidence indicating the cow owner failed to maintain his fence or that his negligence allowed the cow to escape onto the road. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 2, 2024, Case #: 22-1337, Categories: Negligence
J. McDermott finds that the district court improperly dismissed extortion charges brought after a tenant who had been served with a no-trespass notice threatened to expose the property manager for sending a registered sex offender to provide the service, on grounds that the house served as a child care facility. The tenant demonstrated through his own communications that he knew his residence was not used for childcare until almost two months after he was served the no-trespass notice. Reversed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: February 2, 2024, Case #: 22-1440, Categories: Civil Extortion
J. Mansfield finds that the lower court improperly found for the employee in wage and sex discrimination claims because the pay disparity existed due to the female support analyst's lack of seniority and educational qualifications rather than her gender. Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: February 2, 2024, Case #: 22-1291, Categories: Employment Discrimination
J. McDermott finds that defendant was properly sentenced to a mandatory minimum term of 25 years in prison with a 70 percent requirement to serve based on his conviction for first-degree robbery. The district court did not abuse its discretion by considering a presentence investigation risk assessment because defendant had notice of the assessment and failed to present evidence demonstrating the assessment was unsound. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: January 26, 2024, Case #: 21-0102, Categories: Criminal Procedure, Robbery, Sentencing
J. Waterman finds that defendant, a sexually violent offender, was ineligible for placement in a transitional release program because his treatment provider at the Iowa Civil Commitment Unit for Sexual Offenders had not accepted a relapse prevention plan for him.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: January 19, 2024, Case #: 22-1521, Categories: Sentencing, Sex Offender
J. McDonald finds that state universities were properly required to pay assessments as members of a statutorily created health benefit reinsurance association because Iowa Code 504.301(2) does not limit the association's exercise of statutory power to assess late payment fees after being awarded damages for unpaid assessments. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: December 29, 2023, Case #: 22-1213, Categories: Health Care
J. Christensen grants the city and a police officer summary judgment in claims stemming from a collision that occurred while the officer was responding to an emergency because the officer was driving at a reasonable speed and had no reason to believe the other driver would proceed through the intersection.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: December 29, 2023, Case #: 22-1026, Categories: Negligence
Per curiam, the Iowa Supreme Court finds that a doctor was improperly denied summary judgment in medical malpractice claims concerning injuries resulting from breast reduction surgery because the expert who signed the patient's certificate of merit was retired and did not have an active license to practice medicine, as required under Iowa Code 147.139(1). Reversed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: December 22, 2023, Case #: 22-1927, Categories: Experts, Medical Malpractice
J. Mansfield finds that a doctor was improperly denied summary judgment in medical malpractice claims concerning injuries resulting from breast reduction surgery because the expert who signed the patient's certificate of merit was retired and lacked an active license to practice medicine as required under Iowa Code 147.139(1). Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 22, 2023, Case #: 22-1572, Categories: Experts, Medical Malpractice
J. McDermott finds that defendant was properly denied deferred judgment after he pleaded guilty to theft and willful injury causing bodily injury following a knife attack because the violent nature of the crime justified "shock" probation. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: December 15, 2023, Case #: 22-1062, Categories: Sentencing, Theft
J. Mansfield finds that the juvenile court could not "reclaim jurisdiction" after waiving a case for the district court to prosecute defendant, a 17-year-old, for sexual exploitation of a minor and possession of child pornography. The juvenile court had no legal authority to attempt to regain control of the case after waiving such for the purpose of having defendant tried as an adult.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 15, 2023, Case #: 22-0326, Categories: Criminal Procedure, Juvenile Law, Sex Offender
J. Oxley finds that a commercial truck driver was improperly convicted of possession of marijuana because he had been detained longer than necessary while police inspected his truck after a K-9 unit detected the drug in an open-air sniff.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: December 8, 2023, Case #: 21-1133, Categories: Drug Offender, Search
J. May finds that attorney David Leitner should be suspended from the practice of law for two years since the record indicates he engaged in fraud with a client in order to deceive the client's creditors, then failed to answer the state grievance commission.
Court: Iowa Supreme Court, Judge: May, Filed On: December 8, 2023, Case #: 23-0099, Categories: Attorney Discipline
J. Mansfield finds that defendant was properly convicted of trespass as a hate crime after leaving anonymous notes on doors encouraging residents to burn rainbow flags symbolizing support for gay rights because defendant did not have a first amendment right to enter the properties to post harassing notes. Affirmed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 1, 2023, Case #: 22-1009, Categories: Constitution, Trespass, Hate Crimes
J. Mansfield finds that defendant was properly convicted of attempted murder for shooting his former girlfriend because the failure to admit a video illustrating defendant's mental state would not have bolstered the diminished capacity defense.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 1, 2023, Case #: 21-1617, Categories: Evidence, Murder
J. Waterman finds that defendant was properly convicted of a third offense of operating while intoxicated. A traffic stop was initiated when officers observed defendant driving erratically defendant, and after observing defendant’s slurred speech and bloodshot eyes, and after defendant refused a field sobriety test, defendant admitted he had been drinking. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 22-0037, Categories: Search, Dui
J. Cyrus finds that the lower court properly declined to suppress evidence of a stolen loaded handgun discovered in the console of defendant's car in his trial for unlawful possession of a firearm because the officer seized defendant only after detecting the odor of marijuana on defendant as he responded to a call reporting a suspicious parked vehicle. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 21-0828, Categories: Firearms, Search
J. Mansfield finds that defendant was properly convicted of operating while intoxicated and eluding. The district court improperly admitted officer bodycam video in which defendant agreed to a preliminary breath test, which implied defendant did not pass the test, but other evidence overwhelmingly demonstrated defendant drove while intoxicated. Affirmed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: November 17, 2023, Case #: 22-0624, Categories: Evidence, Dui
J. Christensen finds that attorney Scott Alden Sobel should be suspended for 30 days for failing to review or share a presentence investigation report with the client before sentencing and based on multiple past attorney ethics violations.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: November 9, 2023, Case #: 23-0549, Categories: Attorney Discipline
J. May finds that evidence obtained after defendant was pulled over for obscuring his rear license plate was improperly suppressed because the plate cover violated Iowa traffic statute. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: November 9, 2023, Case #: 22-1234, Categories: Search