Iowa Case Commentaries

Iowa’s Material Witness Statute Upheld: Analysis of STATE OF IOWA v. Hernandez-Lopez et al.

Date: Jan 25, 2002

Iowa’s Material Witness Statute Upheld: Analysis of STATE OF IOWA v. Hernandez-Lopez et al. (639 N.W.2d 226) Introduction In STATE OF IOWA v. Antonio Hernandez-Lopez, Joe Edward Ramirez, and Alberto...

Unisys v. Heritage: Establishing Unjust Enrichment in Contractual Overpayment Recovery

Date: Dec 20, 2001

Unisys v. Heritage: Establishing Unjust Enrichment in Contractual Overpayment Recovery Introduction The Supreme Court of Iowa's decision in State of Iowa, Department of Human Services, ex rel....

Restitution Limits and Audit Fee Inclusion: Iowa Supreme Court's Bonstetter Decision

Date: Dec 20, 2001

Restitution Limits and Audit Fee Inclusion: Iowa Supreme Court's Bonstetter Decision Introduction In the landmark case of State of Iowa v. John Richard Bonstetter, the Supreme Court of Iowa addressed...

Restitution Hearings and Sentencing Discretion: Insights from State of Iowa v. James Arthur Jose

Date: Nov 16, 2001

Restitution Hearings and Sentencing Discretion: Insights from State of Iowa v. James Arthur Jose Introduction State of Iowa v. James Arthur Jose (636 N.W.2d 38) is a pivotal decision by the Supreme...

Admissibility of Prior Bad Acts Evidence: Insights from State of Iowa v. Aladdin Rodriquez

Date: Nov 16, 2001

Admissibility of Prior Bad Acts Evidence: Insights from State of Iowa v. Aladdin Rodriquez Introduction State of Iowa v. Aladdin Rodriquez, 636 N.W.2d 234 (Iowa 2001), is a pivotal case addressing...

Supreme Court of Iowa Vacates Kress Conviction Due to Ineffective Assistance of Counsel and Clarifies Iowa Code Section 124.413 as a Sentencing Provision

Date: Nov 16, 2001

Supreme Court of Iowa Vacates Kress Conviction Due to Ineffective Assistance of Counsel and Clarifies Iowa Code Section 124.413 as a Sentencing Provision Introduction The case of State of Iowa v....

Limits on Warrantless Entry and Double Jeopardy Protection: An Analysis of State v. Naujoks

Date: Nov 16, 2001

Limits on Warrantless Entry and Double Jeopardy Protection: An Analysis of State of Iowa v. Naujoks Introduction State of Iowa v. Michael Allen Naujoks, 637 N.W.2d 101 (Iowa Supreme Court, 2001),...

Affirmation of Denial for Substitute Counsel and Consular Notification Compliance in State v. Lopez

Date: Sep 7, 2001

Affirmation of Denial for Substitute Counsel and Consular Notification Compliance in State v. Lopez Introduction In State of Iowa v. Pablo Gabriel Lopez, 633 N.W.2d 774 (Iowa 2001), the Supreme Court...

Iowa Supreme Court Declares Grandparent Visitation Statute Unconstitutional Without Parental Unfitness Assessment

Date: Sep 7, 2001

Iowa Supreme Court Declares Grandparent Visitation Statute Unconstitutional Without Parental Unfitness Assessment Introduction The Supreme Court of Iowa, in the landmark case JOE and LOIS SANTI,...

Miranda Violations and Custodial Interrogation: Insights from State of Iowa v. Tyson Fairl Turner

Date: Jul 6, 2001

Miranda Violations and Custodial Interrogation: Insights from State of Iowa v. Tyson Fairl Turner Introduction State of Iowa v. Tyson Fairl Turner, 630 N.W.2d 601 (Iowa 2001), is a pivotal case...

Independent Material Review Not Required for Guilty Pleas in Obscenity Dissemination Cases

Date: Jul 6, 2001

Independent Material Review Not Required for Guilty Pleas in Obscenity Dissemination Cases Introduction The case of State of Iowa v. Justin Auman Keene (630 N.W.2d 579) addressed a critical issue in...

Aiding and Abetting in Domestic Abuse: An In-Depth Analysis of Wilker v. Wilker

Date: Jul 6, 2001

Aiding and Abetting in Domestic Abuse: An In-Depth Analysis of Wilker v. Wilker Introduction The case of Timothy Brian Wilker, Appellee, v. Paula Ann Wilker, Appellant, decided by the Supreme Court...

Allocation of Damages and Front Pay Exemption under Employment Discrimination Law: Channon v. United Parcel Service, Inc.

Date: Jul 6, 2001

Allocation of Damages and Front Pay Exemption under Employment Discrimination Law: Channon v. United Parcel Service, Inc. Introduction In the landmark case of Channon v. United Parcel Service, Inc....

Enforcement of Mechanic's Lien in Owner-Occupied Dwellings: Schaffer v. Moyer Construction

Date: Jun 1, 2001

Enforcement of Mechanic's Lien in Owner-Occupied Dwellings: Schaffer v. Moyer Construction Introduction Schaffer v. Moyer Construction, Inc. (628 N.W.2d 11) is a landmark decision by the Supreme...

Reinforcing Statutory Standards for Terminating CINA Orders: Analysis of In the Interest of K.N.

Date: Apr 26, 2001

Reinforcing Statutory Standards for Terminating CINA Orders: Analysis of In the Interest of K.N. Introduction The Supreme Court of Iowa's decision in In the Interest of K.N., 625 N.W.2d 731 (Iowa...

Establishing "Agreement" in Conspiracy Charges: Insights from State v. Speicher

Date: Apr 26, 2001

Establishing "Agreement" in Conspiracy Charges: Insights from State v. Speicher Introduction State of Iowa v. James Daryl Speicher (625 N.W.2d 738) is a pivotal case in Iowa jurisprudence that...

Expanding Standards for Effective Assistance of Counsel: Consular Notification and Interpreter Conduct in Jose Ledezma v. State of Iowa

Date: Apr 26, 2001

Expanding Standards for Effective Assistance of Counsel: Consular Notification and Interpreter Conduct in Jose Ledezma v. State of Iowa Introduction Jose Ledezma v. State of Iowa, 626 N.W.2d 134,...

Strict Criteria for Spoliation Inference in Medical Malpractice: Analysis of Phillips v. Covenant Clinic

Date: Apr 26, 2001

Strict Criteria for Spoliation Inference in Medical Malpractice: Analysis of Phillips v. Covenant Clinic Introduction The case of Janet Phillips, Executor of the Estate of Paul Harvey Phillips v....

Negligent Misrepresentation in Educational Counseling: Sain II v. Cedar Rapids Community School District

Date: Apr 26, 2001

Negligent Misrepresentation in Educational Counseling: Sain II v. Cedar Rapids Community School District Introduction The case of Bruce E. Sain II v. Cedar Rapids Community School District (626...

Clarifying Specific Intent and True Threats in Iowa Harassment Law

Date: Feb 15, 2001

Clarifying Specific Intent and True Threats in Iowa Harassment Law Introduction In the landmark case of State of Iowa vs. Dennis E. Button, the Supreme Court of Iowa addressed pivotal issues...