News Release
March 30,
2011
Contact: Steve
Davis, Court Communications Officer, (515)725-8058
Iowa
Supreme Court to Hear Oral Arguments in Cedar Rapids
Des
Moines, March 30, 2011—
On May 19, the Iowa Supreme Court will hear oral arguments in Cedar
Rapids. The proceeding will take place at the College Community School
District Concert Hall, located at the west end of Prairie High School. The
session will begin at 7 p.m. There will be a public reception immediately
following the proceeding.
The court
will hear lawyers argue in two cases:
10-1088,
In re Estate of Vajgrt
Under
Iowa law, can a person injured by another who has since passed away recover
punitive damages from the deceased person's estate? In this case a property
owner seeks punitive damages from the estate of his now deceased neighbor who
removed trees from and devalued the property owner's land.
The
lawyers are: Theodore R. Hoglan of Condon & Hoglan Law Firm, Marshalltown
and Barry S. Kaplan & Melissa A. Nine of Kaplan, Frese & Nine, LLP,
Marshalltown.
10-0652,
In re Marshall
Does
Iowa's material witness statute allow the State to detain a witness to a
felony—in this case murder—until the time of trial?
The
lawyers are: Sharon K. Hall of Office of the Attorney General, Des Moines, and
Rachel C.B. Antonuccio of Iowa City.
Attorneys'
briefs for the two cases and a "Guide to Oral Arguments" are posted on the
Judicial Branch website at: www.iowacourts.gov/Supreme_Court/Offsite_Oral_Arguments/
"The Court
looks forward to visiting Cedar Rapids and the surrounding communities," Chief
Justice Mark Cady said. "Oral arguments are open to the public, but many people
cannot make the trip to Des Moines to watch the proceedings. This will be the
first time in more than a decade that the court has heard oral arguments
offsite, but it is a matter of routine for other state supreme courts to hear
oral arguments away from their judicial branch buildings. We will hear the oral
arguments in the evening so as many people as possible may attend. This is an
opportunity for more Iowans to see firsthand how the justice system and the
rule of law operate to settle disputes and ensure the rights of all Iowans are
fairly and impartially protected."
Note to
Editors: News media are invited to attend the oral arguments. Court rules
regarding expanded media coverage apply.
The Iowa
Supreme Court is comprised of seven justices appointed by the governor from a
slate of three nominees selected by the state judicial nominating commission.
Court members are: Chief Justice Mark Cady and associate justices David
Wiggins, Daryl Hecht, Brent Appel, Thomas Waterman, Edward Mansfield and Bruce
Zager.
The supreme
court will hear cases transferred from a lower court for a review of the lower
court decision. During the oral arguments, the court does not conduct
trials, hear witnesses or admit new evidence. The court will determine whether
legal errors were committed in the rendering of the lower court's judgment or
order. The appellate court can affirm—uphold the decision or order of the lower
court, reverse—set aside the decision or order, or remand—send the case back to
the lower court with instructions, including instructions to hold a new trial.
The supreme
court regularly hears oral arguments in the Judicial Branch Building in Des
Moines. Oral arguments are open to the public. The supreme court will next hear
cases in Des Moines April 27 and May 18.
# # #
2011
Iowa
Supreme Court
1111
East Court Avenue
Des
Moines, IA 50319
515-281-3952
