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Supreme Court Expected List

Iowa Supreme Court Opinions
Expected to be filed June 29, 2018

 

17–1579  Planned Parenthood v. Reynolds
Polk   

Petitioners, Planned Parenthood and its medical director, appeal from a district court order denying their claims for declaratory and injunctive relief.  Petitioners contend the court erred by failing to find that section 1 of Senate File 471 (codified at Iowa Code section 146A.1) imposing a mandatory waiting period for abortions violates their patients’ rights under the due process and equal protection clauses of the Iowa Constitution.

17–0183  State v. Watkins
Van Buren

The defendant appeals from his removal as the Van Buren County Attorney following the district court’s finding that he had committed willful misconduct or maladministration in office by regularly committing sexual harassment.  Iowa Code § 66.1A(2).  The defendant argues: (1) the action must be dismissed because it was unlawfully initiated; (2) the State failed to prove he committed sexual harassment with an evil or corrupt intent; (3) the action must be dismissed because it was not instigated by an independent, impartial investigator; (4) the action must be dismissed because it was infected by a conflict of interest; (5) the action must be dismissed because the Van Buren County Board of Supervisors failed to explore less drastic options; and (6) he is entitled to attorney fees on the dismissed counts.

16–0736 State v. Ingram
Jasper

Bion Ingram appeals from his conviction for possession of methamphetamine, second offense, arguing the trial court erred in denying his motion to suppress evidence obtained by opening a cloth bag during an inventory search of his vehicle.  Ingram also claims the court erred in finding sufficient evidence he knowingly possessed a controlled substance and that trial counsel was ineffective for failing to challenge the admissibility of the results of the field test kit.

16–0764  Allison v. State
Keokuk

Brian Allison seeks further review of the court of appeals decision affirming the dismissal of his postconviction relief action.  Allison argues that ineffective assistance of postconviction counsel should qualify as an exception to the three-year statute of limitations set forth in Iowa Code section 822.3.  Allison argues that Dible v. State, 557 N.W.2d 881 (Iowa 1996), is of questionable value as precedent and needs to be revisited and reexamined.

17–1592  Baldwin v. City of Estherville
U.S. Dist. Ct.
(ND)

Plaintiff was arrested for operating an ATV in a ditch beside a city street which the officers mistakenly believed violated a city ordinance.  Plaintiff brought an action against defendants asserting various claims, including claims for violation of his rights under the Iowa Constitution.  Following the Iowa Supreme Court’s decision in Godfrey v. State, 898 N.W.2d 844 (Iowa 2017), the federal district court certified the following question to the Iowa Supreme Court:  Can a defendant raise a defense of qualified immunity to an individual’s claim for damages for violation of article I, § 1 and § 8 of the Iowa Constitution? 

17–1599 Iowa Supreme Ct. Att’y Disciplinary Bd. v. Hamer
Ethics

The respondent contends the record does not establish he violated the Iowa Rules of Professional Conduct and the Iowa Code of Professional Responsibility for Lawyers.  

 

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