81 results for 'court:"Iowa Supreme Court"'.
J. Oxley finds that defendant was properly convicted based on his guilty plea to theft and being in possession of a firearm for taking two firearms from an acquaintance's house. Defendant must file a motion in arrest of judgment to claim his plea lacked a factual basis. Affirmed in part
Court: Iowa Supreme Court, Judge: Oxley, Filed On: November 3, 2023, Case #: 22-0553, Categories: Firearms, Theft, Plea
J. McDonald finds that the court of appeals improperly overturned defendant's murder conviction on grounds that a verdict-urging instruction had been given multiple times during jury deadlock. While one juror seemed unwilling to change his mind, other jurors had not demonstrated hostility or placed undue pressure upon him.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: October 27, 2023, Case #: 22-0089, Categories: Jury, Murder, Jury Instructions
J. May finds that the lower court properly held that the state, as employer, breached collective bargaining agreements by refusing to collect dues from member paychecks because the unambiguous written agreement requited the state to honor all authorization cards regardless of whether the cards were received before or during the 2017–2019 term. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: October 27, 2023, Case #: 22-0790, Categories: Civil Procedure, Labor / Unions
J. Christensen finds that defendant was properly convicted of first-degree robbery and willful injury causing serious injury after he attacked a man with a baseball bat outside the man's apartment complex based on evidence including the victim’s testimony and corroborating surveillance video of the attack. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 22-0324, Categories: Evidence, Probation, Assault
J. McDermott finds that attorney Mike Mulamba Mbanza should be suspended for 30 days for professional ethics violations, including stonewalling discovery requests, filing frivolous motions, and engaging in obstructive conduct in a grievance commission proceeding after misrepresenting a client in an immigration case.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: October 20, 2023, Case #: 23-0160, Categories: Attorney Discipline
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J. Christensen finds that defendant was properly convicted of willful injury causing serious injury after robbing one victim and assaulting another. Defendant's accomplice wore a black paintball-style mask and brandished a rifle while defendant held a knife, which indicated defendant aided and abetted the crime. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 21-0522, Categories: Evidence, Robbery, Assault
J. Waterman finds that plaintiff was properly denied the right to represent himself concerning involuntary commitment for self-harm, suicidal threats, and refusing to take medication after assaulting police officers. Plaintiff had no federal constitutional right to represent himself in a civil commitment proceeding and failed to preserve error. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: October 13, 2023, Case #: 22-0952, Categories: Constitution, Commitment
J. Oxley finds that the trial court properly ruled in favor of the school district in a civil rights, retaliation and hostile work environment action brought by the Black teacher's associate alleging that a white teacher engaged in racial discrimination that led to the associate's constructive discharge. The trial court correctly overruled the associate's challenge to the district's peremptory strike of the only Black potential juror. There is not sufficient evidence to show that the strike was motivated by discriminatory intent. The trial court correctly granted the teacher's motion for a directed verdict on individual liability because there was no evidence that the teacher acted as the associate's supervisor. Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: June 30, 2023, Case #: 21-1327, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. McDermott finds that the lower court properly denied the state's motion to dismiss a public health employee's claim that she was fired for refusing to stifle public record requests made by Iowa Public Radio during the Covid-19 pandemic because an issue of material fact exists as to whether the employee had a legal duty to produce records upon request. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 23, 2023, Case #: 22-0005, Categories: Public Record, Covid-19, Employment Discrimination
J. McDermott finds that a building owner was properly granted summary judgment in claims contending an employee suffered permanent lung damage upon inhaling toxic vapors after a maintenance worker poured chemical drain cleaner down a sink because plaintiff failed to prove the vapors drifted through the building in a sufficient concentration to cause permanent lung injury. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 23, 2023, Case #: 21-0723, Categories: Negligence
J. May finds that the state utilities board properly authorized MidAmerican Energy to build certain electric transmission facilities against a property owner's objections because state code provides utilities statutory authority to run facilities within a public road right-of-way.
Court: Iowa Supreme Court, Judge: May, Filed On: June 16, 2023, Case #: 21-1788, Categories: Energy, Property, Agency
J. Waterman finds that the lower court properly denied the state's motion to dissolve a permanent injunction barring enforcement of the “fetal heartbeat” provision of state code chapter 146C, which would prohibit most abortions at six weeks. The state attempted to judicially revive a statute declared unconstitutional in a final judgment that had not been appealed after four years and now wishes to bypass the legislature. Since the court is deadlocked 3-3, the injunction stands. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: June 16, 2023, Case #: 22-2036, Categories: Civil Procedure, Constitution
J. McDonald finds that the city properly collected automated traffic citation fines not reduced to judgment in municipal infraction proceedings. The fines did not constitute illegal property taxes since the generation of revenue did not negate the city’s stated purpose of promoting safety. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: June 9, 2023, Case #: 21-1015, Categories: Municipal Law, Property, Tax
J. McDermott finds that the city was properly granted summary judgment in claims contending the city was vicariously responsible for plaintiff's being raped by a police officer because committing rape constituted such a departure from the officer’s duty to provide an intoxicated passenger a courtesy ride home that his actions fell outside the scope of his employment. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 9, 2023, Case #: 21-1072, Categories: Employment, Municipal Law, Negligence
J. McDonald finds that the city properly collected automated traffic citation fines not reduced to judgment in municipal infraction proceedings. The fines did not constitute illegal property taxes since the generation of revenue did not negate the city’s stated purpose of promoting safety. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: June 9, 2023, Case #: 22-0536, Categories: Municipal Law, Property, Tax
J. May finds that an anti-aging company engaged in deceptive conduct and unfair practices by advertising and selling stem cell and exosome therapy to elderly customers in Iowa. The company did not have a constitutional right to a jury trial under the state consumer fraud act.
Court: Iowa Supreme Court, Judge: May, Filed On: May 26, 2023, Case #: 21-0831, Categories: Antitrust, Fraud, Business Practices
J. Oxley finds that the lower court properly dismissed a guardianship petition because the mother's attorney could not act as petitioner in attempting to establish guardianship over his former client’s daughter without violating several rules of professional conduct.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: May 26, 2023, Case #: 21-0348, Categories: Guardianship
J. McDermott finds that the lower court properly reopened the decedent’s and her husband's estates to pursue misappropriation of intellectual property claims contending a beer company used the decedent's name and likeness to sell its product. The company was an
interloper which lacked the ability to challenge the estates’ reopening since it was not an heir, beneficiary, or creditor of the estates. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: May 26, 2023, Case #: 22-0288, Categories: Property, Wills / Probate