The Iowa Supreme Court is in the final month of its 2019-20 term before breaking for two months to focus on court administration and rules. Meanwhile, the Court has been adding cases to its 2020-21 term that begins in September with a full complement of seven justices. Since May 1, the Court has granted further review to 14 decisions of the Court of Appeals. Following are brief summaries of eight cases that will be heard…

Legal challenges to the Iowa Legislature’s 2019 changes in the nominating process for Iowa appellate judges have reached the end of the road. The Iowa Supreme Court on May 15 denied applications for further review of two Iowa Court of Appeals rulings dismissing the challenges by lawyers and state legislators. Cedar Rapids attorney Bob Rush and other Iowa lawyers, legislators and one current and one former member of the State Judicial Nominating Commission filed suit…

When prosecutors dismissed a marijuana possession charge against Lori Mathes in Monona County, she thought that was the end of her ordeal, with the exception of what she understood to be a $500 bill for court costs. Instead, the court’s dismissal order included nearly $3,000 in restitution owed by Mathes, including a bill for her legal defense by court-appointed attorneys. Thus began Mathes’ circuitous route through three courts, which generated eight briefs from the parties…

Drake University did not violate the rights of a former Drake trustee removed from the board after he waged an aggressive campaign in defense of his son, a Drake student accused of sexual misconduct, the U.S. Court of Appeals for the Eighth Circuit ruled May 4. The Eighth Circuit Court of Appeals, based in St. Louis, has jurisdiction over federal appellate cases in seven Midwestern states, including Iowa. [Disclaimer: Nyemaster Goode attorneys represented Drake University…

The Iowa Supreme Court has granted further review of four rulings of the Iowa Court of Appeals. Following are brief summaries of those cases. Go to On Brief’s Cases in the Pipeline page to read the parties’ briefs and appellants’ applications for further review. Denver Sunset Nursing Home v. City of Denver, Iowa Question: Is a utility customer due a $1 million refund for 29 years of overcharges? The City of Denver urges the Supreme…

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 could be violated if a trial judge informs a jury of the requirement. That was the holding of the Iowa Supreme Court, in a 5-1 ruling in the…

Twelve cases will be submitted to the Iowa Supreme Court this week without oral argument. The Supreme Court and Court of Appeals are not hearing oral arguments through July 13 under a supervisory order issued by Chief Justice Susan Christensen on April 2 in response to the coronavirus pandemic. The appellate courts may, at their discretion, conduct oral arguments via video- or teleconferences. Following are brief descriptions of the 12 cases to be submitted to…