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Topic: Iowa Supreme Court


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In the News (Wed 23 Dec 09)

  
  Iowa General Assembly - Three Branches of Government
In Iowa government, as at the national level of government, power is distributed among three branches: the legislative, the executive, and the judicial.
The Iowa Supreme Court, consisting of nine justices, is the highest court in the state.
The Court of Appeals is authorized to review all civil and criminal cases transferred to it by the Supreme Court.
www.legis.state.ia.us /Pubinfo/BranchesGov.html   (2338 words)

  
 Old Capitol Museum Tour: Supreme Court
The actual dates of the two occupancies are not clear, but it is known that in 1848 the General Assembly passed a law stating that "the northeast room on the first floor and two rooms in the basement of the Capitol...
The first Supreme Court justice of Iowa was Charles Mason, who was appointed by President Martin Van Buren and served until 1847.
A raised platform and with a railing was constructed at the north end of the room to house a large, original design walnut desk for three Supreme Court justices.
www.uiowa.edu /~oldcap/tour/rooms/supreme_court.html   (529 words)

  
 ISU Extension News Release
Iowa's law had allowed farmers to voluntarily petition county supervisors to establish "agricultural areas." Nearly 700 such areas have been established since the law was enacted in 1982.
A critical element in the court's recent decision was the court's belief that a county action represented a "taking" of private property rights as defined by the state.
Iowa's Supreme Court used both the U.S. and Iowa Constitutions as a basis for declaring the nuisance suit protection unconstitutional.
www.extension.iastate.edu /newsrel/1998/oct98/oct9805.html   (681 words)

  
 Resources and Information
Pork Xtra, the Iowa Supreme Court granted Pork Xtra, a 4,000 head swine finishing operation in Sioux County, a new trial due to the admission of improper hearsay evidence at trial.
That decision is on appeal to the Iowa Supreme Court.
The Court noted that the questionnaires addressed the critical issue at trial -- the odor issue - and some included "gratuitous comments" that were "inflammatory and clearly prejudicial." The questionnaires were used by the Gacke's experts (a doctor and an agricultural engineer) and in cross examining some of Pork Xtra's witnesses.
www.iowapork.org /rscinfo/gacke.html   (1347 words)

  
 Iowa Supreme Court Justices at UI Sept. 14 for annual Supreme Court Day - University News Service - The University of ...
All seven justices of the high court, Jerry Larson, Louis Lavorato, James Carter, Mark Cady, Linda Neuman, Marsha Ternus and Michael Streit, are expected to be present.
During their visit, the justices will preside over a moot court trial in which four UI law students will argue a case involving the right to arbitration for an employment discrimination claim.
Supreme Court Day is held yearly to honor the state's top court, and it recognizes the college's origins, which began in 1865 when then Chief Justice George G. Wright founded the law school in his judicial chambers.
www.news-releases.uiowa.edu /2002/september/0910supreme-court-day.html   (349 words)

  
 MegaLaw - Iowa Cases
Iowa Supreme Court Opinions - Index of searchable cases from 1992 to present from the Iowa State Bar.
Iowa Court of Appeals Opinions - Index of searchable cases from 1992 to present from the Iowa State Bar.
Iowa Court of Appeals Opinions - Searchable database of cases from 1998 to present from the Iowa State Judicial site.
www.megalaw.com /ia/iacases.php   (361 words)

  
 Drake Law School: Iowa Research Resources
Shepard's Iowa Citations, Statute Edition shows citations to the Iowa Constitution, codes, laws (acts not codified at the time they are cited), and county and city ordinances that are cited in reported decisions of the Iowa and federal courts, Iowa Attorney General Opinions, legal periodicals and texts, annotations and the laws of Iowa.
Iowa Supreme Court coverage is from 1839 and Iowa Court of Appeals coverage is from 1977 on both services.
Shepard's Iowa Citations, Case Edition shows citations to Iowa cases reported in the various series of Iowa Reports or in the Northwestern Reporter, as cited in the reported decisions of the Iowa and federal courts, in the Opinions of the Attorney General of Iowa, in articles in legal periodicals and texts, and in annotations.
www.law.drake.edu /library/default.aspx?pageID=iowaResearch   (2274 words)

  
 Brain Fingerprinting - Iowa Supreme Court Ruling
In the Iowa Supreme Court’s 22-page decision, the court found that police had failed to give Harrington’s defense lawyers eight separate police reports that could have cast doubt on testimony that linked him to the murder of a Council Bluffs night watchman in 1978.
Today, the Iowa Supreme Court reversed the District Court’s decision on constitutional grounds and left undisturbed the law of the case establishing the admissibility of the Brain Fingerprinting evidence.
Iowa Attorney Thomas H. Makeig filed an amicus curiae, friend of the court, brief on Dr. Farwell’s behalf in the course of the appeal.
www.brainwavescience.com /IowaSupCourtPR.php   (811 words)

  
 01 / 03-1702
The Iowa Supreme Court Board of Professional Ethics and Conduct (Board) brought a complaint against attorney Valli Jo Williams after she pled guilty to interstate transportation of stolen property and wire fraud.
On June 6, 2002, this court suspended Williams’ license to practice law upon receipt of satisfactory evidence Williams entered a guilty plea to interstate transportation of stolen property and wire fraud in the United States District Court for the Northern District of Iowa.
On March 28, 2002, the court sentenced Williams to two thirty-month terms of imprisonment, to be served concurrently and ordered her to pay restitution of $1,062,339.68.
www.iowabar.org /IowaSupremeCourt.nsf/9a275c73f72409f4862564bb00563305/efc9d158f6c1a63c86256e46004eacb0!OpenDocument   (1383 words)

  
 Erowid Psilocybin Mushroom Vault : Law : Writ of Certiorari to Federal Supreme Court : Iowa V Atley
The Iowa Supreme Court's conclusion, Atley, at 831-832, that "material" is not vague for a person who "knows" a non-specified plant, the mushrooms in this case, endogenously contain a minute amount of a controlled substance, would outlaw, by implication, the cultivation of untold numbers of perfectly legal plants and organisms "known" to contain such substances.
In considering the validity of a given statute, this Court should also consider whether the statute is sufficiently specific to provide guidelines to its enforcement, and whether it is narrow enough that the enforcement is not arbitrarily applied to certain members within the class affected by it.
The statute, as presently framed, without this Court's determination as to the scope of the term "material," not only fails to accomplish the legislative goals, under the Iowa Supreme Court's Opinion, it is a threat to the right to Due Process and to the protections afforded by the Constitution.
www.erowid.org /plants/mushrooms/mushrooms_law6.shtml   (10485 words)

  
 IOWA Supreme Court Defers on Net Metering - IREC Interstate Renewable Energy Council
In a reversal of a prior decision (see previous article), which required a cooperative electric company in Iowa to offer net metering to one of its wind generating customers, the Iowa Supreme Court ruled that it did not have jurisdiction to decide the case.
By this decision, the Iowa Supreme Court agreed with the original Iowa District Court decision.
The Supreme Court vacated its original ruling and said that neither it nor the District Court had jurisdiction to decide the case.
www.irecusa.org /articles/static/1/1114631056_1051597266.html   (457 words)

  
 Iowa Supreme Court Upholds Verdict against New Womyn, Inc.
In this case, the court was justified in denying the continuance because the defendants had already slowed the progress of the case by disregarding the court's scheduling order and by failing to comply with the court's orders of March 8 and October 26, 2001, regarding discovery.
The court also rejected the defendants' argument that they needed a continuance to allow a new attorney to prepare for trial because the defendants had been dilatory in attempting to find new counsel.
The Court in Medtronic stated that its interpretation of the preemption statute was "substantially informed" by the federal regulations under the statute.
www.casewatch.org /ag/ia/newwomyn.shtml   (1871 words)

  
 Wisconsin Court System (via CobWeb/3.1 planetlab2.cs.umd.edu)   (Site not responding. Last check: 2007-11-06)
The courts of our state belong not to the lawyers and the judges, but to you — the public.
Each month, during the Supreme Court's session, a "teachable" case is highlighted.
The Court also acted to deny review in a number of cases.
www.courts.state.wi.us.cob-web.org:8888   (207 words)

  
 Iowa Supreme Court Rules on Net Metering
The Iowa Supreme Court recently overturned their ruling that rural electric cooperatives must net meter.
The Iowa Supreme Court recently affirmed a Iowa District Court's decision from Allamakee County in a lawsuit against Wayne Weber LLC, a livestock producer who appealed a 2003 decree enforcing mediated settlement of nuisance action that was joined by the Sierra Club and Hawkeye Fly Fishing Association.
The Supreme Court recently affirmed a lower court's decision that City of Cedar Rapids had no right to review or veto a transfer of land to the Linn County Conservation Board.
www.iowa.sierraclub.org /courts.htm   (699 words)

  
 The Hometown Advantage - Iowa Supreme Court Rules in Favor of Activists, Against Wal-Mart (via CobWeb/3.1 ...   (Site not responding. Last check: 2007-11-06)
On April 2, the Iowa Supreme Court ruled that the Decorah City Council acted illegally when it approved a Wal-Mart supercenter in the Upper Iowa River flood plain.
The Supreme Court ruled that the decision was not the City Council's to make.
The Court further ruled that City Council had violated Decorah's Comprehensive Plan, which calls for leaving flood plain land undeveloped for environmental and aesthetic reasons.
www.newrules.org.cob-web.org:8888 /retail/news_archive.php?browseby=slug&slugid=172   (393 words)

  
 Fort Madison Daily Democrat: Archives
One Fort Madison lawyer is seeking to go from the job of public defender in Lee County to overseeing cases in the highest court in the state.
Iowa Supreme Court Chief Justice Louis Lavorato is retiring in September, leaving a vacancy on the court.
He noted that Judge Miller on the Iowa Court of Appeals travels to Des Moines one week a month to hear cases and then writes his opinions from Burlington, his home.
www.dailydem.com /articles/2006/07/11/news/news2.txt   (387 words)

  
 GazetteOnline - Supreme Court suspends prosecutor   (Site not responding. Last check: 2007-11-06)
The court's Grievance Commission had recommended that Howe be reprimanded, but the court said Howe's violations deserved a more serious punishment, and suspended his license for four months.
Court records show that Howe acted as both prosecutor and defense attorney in traffic court cases.
Court records show Howe was responsible for converting more than 170 such tickets between 1998 and 2004.
www.gazetteonline.com /2005/11/19/Home/News/supremecourtprosecutor.htm   (307 words)

  
 Iowa Rules of Professional Conduct Drafting Committee
The Iowa Supreme Court's vigorous leadership in moving forward toward a new set of professional responsibility rules for Iowa promises to put Iowa a good step ahead of the rest of the country.
The Iowa Supreme Court has retained the right to make a final determination of all issues and of final approval of the proposed rules.
With the delivery of the report and proposed rules to the Court, the matter is now under to the Court's consideration and subject to such further procedures as the Court determines are appropriate.
personal2.stthomas.edu /GCSISK/IowaEthicsRulesDrafting.html   (786 words)

  
 Iowa Supreme Court OKs PLA Project
A strong opinion by Iowa’s highest court affirmed the right of public projects to use project labor agreements, even in the right-to-work state.
The Central Iowa Building and Construction Trades Council, named as an intervenor-appellee in the case, relied on contributions of building trades and crafts unions to defend the PLA.
We conclude that the use of the PLA for the Iowa Events Center is permissible under current Iowa and federal law and the district court’s fining of the same should be affirmed."
www.ibew.org /articles/03daily/0301/030106_pla.htm   (463 words)

  
 KCCI.com - Commitment 2006 - Iowa Supreme Court Strikes Down Vilsack's Veto
I remain convinced that Iowa is embarking on a journey of economic opportunity created from the passage of this legislation.
Lawmakers immediately appeal and the state Supreme Court agreed to consider the case on an expedited basis "in light of the gravity of the questions presented."
June 16, 2004 - The Iowa Supreme Court ruled Vilsack exceeded his authority in issuing the vetoes, but said the effect of his actions is to strike the entire package, including the Values Fund.
www.kcci.com /politics/3425017/detail.html   (928 words)

  
 ADF: Iowa Supreme Court rules dissolution of unrecognized VT civil union will stand - Alliance Defense Fund - Defending ...
Iowa Supreme Court rules dissolution of unrecognized VT civil union will stand
DES MOINES, Iowa—The Iowa Supreme Court today refused to set aside a state district court judge’s dissolution of a lesbian civil union from Vermont, saying that the state legislator who filed the case lacked standing to sue.
The court also ruled that District Court Judge Jeffrey Neary of Woodbury County did not exceed his jurisdiction when he granted a divorce to Kimberly Brown and Jennifer Perez, two women who had obtained a civil union in Vermont.
www.alliancedefensefund.org /news/pressrelease.aspx?cid=3462   (415 words)

  
 Iowa Supreme Court - Wikipedia, the free encyclopedia
The Iowa Supreme Court is the constitutional head of the judicial branch of the state of Iowa.
State Supreme Courts:  Alabama • Alaska ;• Arizona ;• Arkansas ;• California ;• Colorado ;• Connecticut ;• Delaware ;• Florida ;• Georgia • Hawaii ;• Idaho ;• Illinois ;• Indiana ;•
Iowa • Kansas • Kentucky ;• Louisiana ;• Maine ;• Maryland ;• Massachusetts ;• Michigan ;• Minnesota ;• Mississippi ;• Missouri ;• Montana ;• Nebraska ;• Nevada ;• New Hampshire ;• New Jersey ;• New Mexico • New York ;• North Carolina ;• North Dakota ;• Ohio ;• Oklahoma ;• Oregon ;• Pennsylvania ;• Rhode Island ;• South Carolina ;• South Dakota ;• Tennessee ;• Texas ;• Utah ;• Vermont ;• Virginia ;• Washington ;• West Virginia ;• Wisconsin ;• Wyoming
en.wikipedia.org /wiki/Iowa_Supreme_Court   (121 words)

  
 Drake Law School: 2005 Supreme Court Week
The Supreme Court competition was inaugurated 68 years ago in an effort to enhance legal education and to uphold the profession by fostering good relations between the Law School, the bench and the bar.
Each year during the Supreme Court Celebration weekend, four students, finalists in an old and distinguished moot court competition, have the privilege of arguing an appellate case to the Iowa Supreme Court, sitting en banc, in the court’s new courtroom in the Iowa Judicial Branch Building.
The justices determine who among the finalists is the best oral advocate, and the “opinion of the court” is announced at a banquet that evening that brings together students, faculty and staff, alumni and friends, and members of the legal community.
www.law.drake.edu /alumni/default.aspx?pageID=supremeCourt2005   (640 words)

  
 Iowa Farmer Today
The importance of beef promotion isn't the issue as the U.S. Supreme Court prepares to hear verbal arguments in the beef checkoff case.
The 8th Circuit Court of Appeals agreed with Kornmann in 2003, calling the checkoff a violation of the First Amendment.
He says the court often uses a three-pronged test to determine if government speech is a valid defense.
www.iowafarmer.com /articles/2004/12/10/top_stories/05checkoff.txt   (944 words)

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