11 results for 'judge:"McDermott"'.
J. McDermott finds that an organization was improperly denied an open records request seeking emails sent between the state auditor’s office and two investigative reporters in regard to state Covid-19 policy because the auditor did not produce the emails for 216 days, which constituted an unreasonable delay. Reversed in part.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: April 26, 2024, Case #: 23-0201, Categories: Civil Procedure, Public Record, Covid-19
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. 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. 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
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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
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. 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. 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