Kirk Howsare and Austin Howsare
v.
Iowa District Court for Polk County
Kirk and Austin Howsare were granted certiorari review of the district court’s orders denying their motions to dismiss their simple-misdemeanor charges for assault. The Howsares argue the magistrate’s arrest warrant denying bond until initial appearance does not comply with Iowa Code section 804.3. The Howsares further argue the custodial detention violated their statutory and constitutional rights because they were not taken before an available judge without unnecessary delay.
County:
Polk
Plaintiff
Kirk Howsare and Austin Howsare
Defendant
Iowa District Court for Polk County
Attorney for the Plaintiff
Dean Stowers
Attorney for the Defendant
Kyle Hanson
Supreme Court
Oral Argument Schedule
15-15-5
Jan 18, 2023 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
21-1946
Date Published:
Feb 17, 2023
Other Information
Date Retained:
Sep 27, 2022