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  • Iowa Supreme Court Order?s Impact On County Courthouses

    Source: --- Tuesday, June 20, 2017
      ADEL, Iowa -- The security screening process could become the new normal at courthouses across Iowa. "They hold divorce hearings in these places. There`s small claims and civil lawsuits. It's an area that can become highly volatile.," said Dallas County Chief Deputy Jail Administrator Doug Lande. Dallas County has used security screenings since 2008 but on Monday an Iowa Supreme Court order from Chief Justice Mark Cady ordered, "That all weapons are prohibited from courtrooms, Court controlled spaces and public areas of courthouses and other justice centers occupied by the Court system." Lande said the security measures have paid off, "We've recovered a lot of sharp knives and firearms on people before." Marion County, while they do have a sign advising people of no weapons, is one of twenty-seven in Iowa without a ban on weapons inside the courthouse. Marion County Attorney Ed Bull believes the order helps with confusion. "I think Justice Cady's order bringing uniformity to all 99 counties makes sense." The order could also help with what seems to be a hodgepodge of courthouse security across the state. Lande said, "I asked them how they are providing security now and it was everything from janitors watching cameras to no cameras." The order is also about safety. "Stopping any threat at the door instead of that threat being allowed on your floors of the courthouse," said Lande. Some are concerned about aging courthouses not r ...

  • Iowa Supreme Court issues statewide courthouse weapons ban

    Source: --- Tuesday, June 20, 2017
    The Iowa Supreme Court has for the first time issued a statewide order prohibiting weapons in courthouses and other public areas used by the state Court system.                 ...

  • Iowa Supreme Court: Quarantine CWD Deer, But Not Land

    Source: --- Monday, June 19, 2017
    The Iowa Supreme Court has ruled in favor of the landowners who fought a quarantine after chronic wasting disease was found in captive deer at their preserve. ...

  • Iowa Supreme Court Rules Against DNR Quarantine for CWD

    Source: --- Monday, June 19, 2017
    The Iowa Supreme Court has upheld a lower ruling against the Iowa Department of Natural Resources after the DNR?s quarantine of a hunting reserve where chronic wasting disease was discovered was challenged by the reserve?s owners. Tom and Ronda Brakke and McBra, Inc., owners of the former Pine Ridge Hunting Lodge in Bloomfield, Iowa, filed suit against the Iowa DNR years ago. This story has been brewing for years and came [?] The post Iowa Supreme Court Rules Against DNR Quarantine for CWD appeared first on Deer & Deer Hunting | Whitetail Deer Hunting Tips . ...

  • Iowa Supreme Court Recognizes Wrongful Birth Action

    Source: --- Thursday, June 15, 2017
    On June 2 the Iowa Supreme Court expressly recognized the right of parents to sue for wrongful birth. Pam and Jeremy Plowman allege the following: Pam underwent ultrasound in week 22 of her pregnancy. The radiologist?s report noted fetal head abnormalities and recommended follow-up. But her OB/GYN told her that the ultrasound showed ?that everything was fine,? and there was no follow-up. The child was born with cerebral palsy, microcephaly, visual and intellectual impairment, and seizure disorder. He probably will never walk or speak. The suit named several health care providers, including the OB/GYN and radiologist, as defendants and alleged failure to accurately interpret, monitor, respond to, and communicate the fetal abnormalities. Plaintiffs allege that if they had been informed of the abnormalities, they would have terminated the pregnancy. They seek damages for the cost of the extraordinary care the child requires. The trial Court granted defendants? motion for summary judgment, ruling that only the Iowa legislature or Supreme Court could recognize a new cause of action: wrongful birth. On appeal, the Supreme Court reviewed wrongful birth jurisprudence throughout the country, noting that a majority of states now recognize such claims. The Court applied three factors in determining that Iowa should join that majority. First, a wrongful birth claim is consistent with traditional common law concepts. Second, there are not, a ...

  • Iowa High Court Clarifies Fake ID Charges For Immigrants

    Source: --- Monday, June 12, 2017
    A split Iowa Supreme Court held Friday that the state may not use its identity theft statutes to prosecute people unauthorized to be in the U.S. for using forged documents to work in Iowa, determining that federal immigration law supersedes the state...( read more ) ...

  • Blog Post: Two Iowa Supreme Court Victories

    Source: --- Saturday, June 10, 2017
    Prof. Stella Burch Elias writes: "These two great Iowa Supreme Court cases involved a lot of hard work by our clinical colleagues and their students at Iowa Law. In Martinez (the decision holding that part of Iowa's forgery law was preempted on its face and part of Iowa's identity theft law was preempted as applied to undocumented immigrants in the employment context) the clinic played a pivotal role. At the trial level, Ms. Martinez's appointed defense attorney, a clinic alum, retained the clinic to provide crim-imm consultation and they were closely involved in all aspects of the case. Then, on appeal, the ACLU of Iowa retained the clinic to submit an amicus brief arguing the preemption issue. A then-3L, Jack Hathaway, who was a member of the student team that authored the amicus brief, later presented on the ACLU's behalf during oral argument. (It was only the second time the Iowa Supreme Court had ever authorized an amicus to participate in oral argument.) In Morales Diaz case (which clarified and expanded on Padilla at the state law level), the clinic provided an expert letter discussing criminal convictions that lead to truly clear immigration consequences rather than to uncertain consequences, which was a key part of the litigation of the case at the trial level and of the record on appeal." ...

  • Iowa court: State cannot prosecute immigrant using fake ID

    Source: --- Friday, June 09, 2017
    The Iowa Supreme Court says immigrants living in Iowa without legal permission and who use a stolen identity to get a job cannot be prosecuted by the state for identity theft or forgery ...

  • ACLU of Iowa hails court ruling on immigration case

    Source: --- Friday, June 09, 2017
    The American Civil Liberties Union of Iowa is celebrating the Iowa Supreme Court?s dismissal of felony charges against an undocumented immigrant who?s lived in Iowa for two decades. Martha Martinez came into the country illegally with her parents when she was 11. She was charged with identity theft and forgery for using a fake ID [?] ...

  • Iowa Supreme Court dismisses felony charges against undocumented immigrant

    Source: --- Friday, June 09, 2017
    In a split decision, the Iowa Supreme Court has dismissed the identity theft case against an undocumented immigrant granted temporary legal status during the Obama Administration. When Martha Martinez was 11, she moved from Mexico to Muscatine with her parents. Martinez is now 30 and the mother of four kids who were born in Iowa. [?] ...

Scott Strait