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Supreme Court Expected List

Iowa Supreme Court Opinions Expected to be filed March 24, 2023

19–0911  State v. Mong
The State seeks further review after the court of appeals reversed Anthony Mong’s convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing bodily injury, finding insufficient evidence to support the specific intent elements of these offenses. The State argues the jury instructions allowed the jury to convict Mong under the doctrine of transferred intent. The State further argues there was sufficient evidence to support Mong’s convictions.

21–0696  L.S. Power Midcontinent, LLC v. State
In June 2020, the Iowa legislature passed House File 2643, an omnibus appropriations bill, which included a section granting a right of first refusal (ROFR) (codified in Iowa Code section 478.16 (2020)) to incumbent electric transmission owners for construction and maintenance of Iowa’s electric infrastructure. Plaintiffs—Missouri-based energy companies—filed a petition for declaratory relief requesting the district court declare the ROFR unconstitutional and seeking injunctive relief to prevent the publication or enforcement of the new law. The district court granted defendants’ motion to dismiss based on a lack of standing. The court of appeals affirmed finding plaintiffs cannot satisfy the injury-in-fact prong of the standing test, and declining to apply a public-importance exception to the standing requirement. Plaintiffs seek further review.


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