Iowa Supreme Court adds a case on jurisdiction over criminal cases at Meskwaki Settlement By: Uncategorized on July 9th, 2019 The Iowa Supreme Court scheduled an additional oral argument on July 10 in an appeal that raises questions about whether jurisdiction over criminal cases on the Meskwaki Settlement in Tama County belongs to the Tribe, to the State of Iowa or to the federal government. The State appeals a ruling by the Tama County District…

On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement officers motivated by racial bias. In the end, the deeply divided Court passed on the opportunity, and gave insight into the differing approaches to interpreting Iowa’s Constitution. Scottizie Dannyelle Brown appealed her drunk-driving conviction in Black Hawk County District Court, arguing that the police officer’s…

A Sioux Falls, S.D., newspaper’s appeal to the U.S. Supreme Court on its federal Freedom of Information Act request for grocery stores’ food stamp records resulted in a reversal for the newspaper and for the U.S. Court of Appeals for the Eighth Circuit. And businesses now will have a stronger confidentiality claims for information they provide to the U.S. government. The Supreme Court on June 24 handed down a decision holding that the ordinary meaning…

Applications now open to replace Chief Judge Vogel By: Rox Laird on June 25th, 2019 The State Judicial Nominating Commission is accepting applications through July 22 for a vacancy on the Iowa Court of Appeals, the Supreme Court has announced. The vacancy will be created when Chief Judge Gayle Nelson Vogel retires July 1. Judge Vogel, of Spirit Lake, announced her retirement to Gov. Kim Reynolds June 12. She has served on the Court…

Iowa Supreme Court nears the end of its 2018-19 term with seven decisions remaining in the pipeline By: Rox Laird on June 14th, 2019 The Iowa Supreme Court released rulings in five cases today, which by On Brief’s count will leave seven cases to be decided before the 2018-19 term is scheduled to end June 28. In July, the Court begins a two month term devoted to court rules and administrative matters. Assuming all cases…

The Iowa Supreme Court on June 7 reversed a $4.5 million jury verdict in an employment discrimination suit, and sent the case back for retrial with a new standard to be used in jury instructions that could give the defendant a new defense. Gregory Hawkins, a 39-year employee of the Grinnell Regional Medical Center, sued the hospital after he claimed he was fired based on his age and having had cancer surgery and treatment. The…

“Mail” now means “email” under the Administrative Procedure Act, Iowa Supreme Court rules By: Rox Laird on May 28th, 2019 When the Iowa Legislature enacted the Administrative Procedure Act in 1975, the statute required petitioners to notify the other parties by mail. That meant sending a paper copy of the petition through the mail within 10 days, or delivery in person under a 1981 amendment. Today lawyers, like most all other professionals, send letters and…