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Case No. 21-1946

Kirk Howsare and Austin Howsare
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.



Kirk Howsare and Austin Howsare


Iowa District Court for Polk County

Attorney for the Plaintiff

Dean Stowers

Attorney for the Defendant

Kyle Hanson

Supreme Court

Oral Argument Schedule


Jan 18, 2023 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 17, 2023

Other Information

Date Retained:
Sep 27, 2022

View archived opinions from prior to November 2017

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