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Supreme Court Expected List

The Iowa Supreme Court expects to file opinions in four cases on Friday, October 15, 2021.

19–0283   State v. Kuuttila
Story

Alan James Kuuttila seeks further review of the court of appeals opinion affirming his conviction for possession of cannabidiol, possession of methamphetamine, and possession of marijuana, in violation of Iowa Code section 124.401(5)(2017).  The court of appeals also vacated the portion of the sentencing order assessing the costs of the dismissed charge to the defendant and remanded for the district court to correct the written judgment entry, and vacated the restitution order and remanded the matter to the trial court to consider his claims of error in the restitution award pursuant to State v. Albright, 925 N.W.2d 144, 159 (Iowa 2019) and the supreme court’s July 7, 2020 supervisory order.  Kuuttila argues that the detective’s “trash rip” violated his federal and state constitutional rights to be free from unreasonable searches and seizures and if the trash rip was constitutional, the affidavit supporting the search warrant application did not provide probable cause to search Kuuttila’s apartment. He further argues the court should grant further review to clarify whether the amendments to the restitution statutes should be applied to pending appeals and to consider whether the amendments are constitutional.

21–0214   Iowa Sup. Ct. Att’y Disciplinary Bd. v. Willey

The respondent contends the Grievance Commission erred in finding (1) Willey violated the rules of professional conduct in his representation of Midwest and, (2) Willey’s prior suspension would have been more severe if the supreme court had these allegations before it when imposing the previous sanction.

21–0309   Iowa Sup. Ct. Att’y Disciplinary Bd. v. Fisher

On review from grievance commission report and recommendation, Iowa Court rule 36.21(1).

21–0314   In the Interest of D.M.
Warren

The father seeks further review after the court of appeals reversed the juvenile court’s permanency order transferring sole custody of the child to her father and remanded to the juvenile court to enter a permanency order that either returns the child to the mother’s care pursuant to the parents’ shared care arrangement under Iowa Code section 232.104(2)(a), or grants the mother additional time towards reunification under section 232.104(2)(b).

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