Iowa Case Commentaries

Constructive Possession Requires More than Proximity: Iowa Supreme Court Reverses Possession Conviction

Date: Jul 17, 2003

Constructive Possession Requires More than Proximity: Iowa Supreme Court Reverses Possession Conviction Introduction The case of State of Iowa v. Ross Ian Rivers Cashen (666 N.W.2d 566) represents a...

Ex Post Facto Clause and Victim Restitution in Piper v. State of Iowa

Date: Jun 12, 2003

Ex Post Facto Clause and Victim Restitution in Piper v. State of Iowa Introduction Piper v. State of Iowa is a significant case adjudicated by the Supreme Court of Iowa on June 11, 2003. The case...

State of Iowa v. Cynthia R. Scalise: Clarifying Standards for Ineffective Assistance of Counsel and Motion for New Trial

Date: Apr 3, 2003

State of Iowa v. Cynthia R. Scalise: Clarifying Standards for Ineffective Assistance of Counsel and Motion for New Trial Introduction State of Iowa v. Cynthia Renee Scalise is a pivotal case...

Authority and Appropriateness of Judicial Direction in Termination of Parental Rights: In the Interest of K.C. and S.C.

Date: Apr 3, 2003

Authority and Appropriateness of Judicial Direction in Termination of Parental Rights: In the Interest of K.C. and S.C. Introduction The case titled In the Interest of K.C. and S.C. (660 N.W.2d 29)...

Iowa Supreme Court Reinforces Limited Application of Vienna Convention Article 36: No Suppression of Statements

Date: Apr 3, 2003

Iowa Supreme Court Reinforces Limited Application of Vienna Convention Article 36: No Suppression of Statements Introduction In the landmark case State of Iowa v. John Cyril Lapid Buenaventura, the...

Reaffirming Substantial Evidence Standard: Supreme Court Upholds Permanent Total Disability and Penalty Benefits in Caselman v. Wal-Mart

Date: Feb 27, 2003

Reaffirming Substantial Evidence Standard: Supreme Court Upholds Permanent Total Disability and Penalty Benefits in Caselman v. Wal-Mart Introduction In the landmark case of WAL-MART STORES, INC.,...

Iowa Supreme Court Upholds Brady Violations in Postconviction Relief: Harrington v. State of Iowa (2003)

Date: Feb 27, 2003

Iowa Supreme Court Upholds Brady Violations in Postconviction Relief: Harrington v. State of Iowa (2003) Introduction In Terry J. Harrington v. State of Iowa, 659 N.W.2d 509 (Iowa 2003), the Supreme...

Strengthening Standards for Ineffective Assistance of Counsel: Iowa's Supreme Court in Polly v. State

Date: Feb 27, 2003

Strengthening Standards for Ineffective Assistance of Counsel: Iowa's Supreme Court in Polly v. State Introduction In the landmark case of State of Iowa v. Douglas Robert Polly, the Supreme Court of...

Right to an Evidentiary Hearing in Postconviction Relief Applications: Insights from Leighton Manning v. State of Iowa

Date: Dec 19, 2002

Right to an Evidentiary Hearing in Postconviction Relief Applications: Insights from Leighton Manning v. State of Iowa 1. Introduction Leighton Manning v. State of Iowa, 654 N.W.2d 555 (Iowa 2002),...

Affirmation of Substantial Compliance in Guilty Pleas and Ineffective Assistance of Counsel: Supreme Court of Iowa in State of Iowa v. Tifany Myers

Date: Nov 15, 2002

Affirmation of Substantial Compliance in Guilty Pleas and Ineffective Assistance of Counsel: Supreme Court of Iowa in State of Iowa v. Tifany Myers Introduction In the landmark case of State of Iowa...

Enhanced Protection Under Iowa CINA Standards: IN THE INTEREST OF D.D. and V.D.

Date: Nov 15, 2002

Enhanced Protection Under Iowa CINA Standards: In the Interest of D.D. and V.D. Introduction In the Interest of D.D. and V.D., Minor Children, R.D., Father, Appellant (653 N.W.2d 359) is a...

Restatement (Third) of Torts Adoption: Comprehensive Analysis of Iowa Supreme Court Judgment in Wright v. Philip Morris

Date: Oct 10, 2002

Restatement (Third) of Torts Adoption: Comprehensive Analysis of Iowa Supreme Court Judgment in Wright v. Philip Morris Introduction The landmark case of Robert A. Wright and DeAnn K. Wright v....

Scope of Fifth Amendment Rights in Terminating Parental Rights: In the Interest of C.H., Minor Child

Date: Oct 10, 2002

Scope of Fifth Amendment Rights in Terminating Parental Rights: In the Interest of C.H., Minor Child Introduction In the landmark case In the Interest of C.H., Minor Child, D.H., Father, Appellant...

State of Iowa v. Douglas Warren Biddle: Affirmation of Chain-of-Custody Standards in Drug Delivery Cases

Date: Oct 10, 2002

State of Iowa v. Douglas Warren Biddle: Affirmation of Chain-of-Custody Standards in Drug Delivery Cases Introduction In State of Iowa v. Douglas Warren Biddle, 652 N.W.2d 191 (2002), the Supreme...

Reasonable Suspicion in Investigatory Vehicle Stops: Insights from State v. Kreps

Date: Sep 6, 2002

Reasonable Suspicion in Investigatory Vehicle Stops: Insights from State of Iowa v. Kreps Introduction The case of State of Iowa v. Michael Scott Kreps (650 N.W.2d 636) adjudicated by the Supreme...

Webb v. State of Iowa: Reaffirming Constructive Possession Standards

Date: Jul 18, 2002

Webb v. State of Iowa: Reaffirming Constructive Possession Standards Introduction In State of Iowa v. Anthony Webb (648 N.W.2d 72, 2002), the Supreme Court of Iowa addressed critical issues...

Iowa Supreme Court Establishes Shared Error Preservation Responsibility in Postconviction Relief: State v. DeVoss

Date: Jun 13, 2002

Iowa Supreme Court Establishes Shared Error Preservation Responsibility in Postconviction Relief: State v. DeVoss Introduction The case of State v. DeVoss (648 N.W.2d 56) adjudicated by the Supreme...

Strict Enforcement of Service of Process Timelines in Iowa: Insights from Meier v. Senecaut

Date: Feb 28, 2002

Strict Enforcement of Service of Process Timelines in Iowa: Insights from Meier v. Senecaut Introduction The Supreme Court of Iowa, in the landmark case Loretta Meier v. Voltaire Senecaut III,...

Modification of Joint Custody Due to Substantial Change of Circumstances: Melchiori v. Kooi

Date: Jan 29, 2002

Modification of Joint Custody Due to Substantial Change of Circumstances: Melchiori v. Kooi Introduction The case of Aaron Eugene Melchiori v. Shannon Caye Kooi (644 N.W.2d 365) adjudicated by the...

Jurisdiction Over Appeal Bonds Affirmed in STATE OF IOWA v. ROBERT PAUL FORMARO

Date: Jan 25, 2002

Jurisdiction Over Appeal Bonds Affirmed in STATE OF IOWA v. ROBERT PAUL FORMARO Introduction STATE OF IOWA, Appellee, v. ROBERT PAUL FORMARO, 638 N.W.2d 720 (Iowa 2002), represents a significant...