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Supreme Court Expected List

Iowa Supreme Court Opinions
Expected to be filed October 19, 2018


17–0650  State v. Benson

Owen Benson seeks further review after the court of appeals affirmed his convictions for assault causing bodily injury and child endangerment.  Benson argues it was error for the district court to instruct the jury in both general intent and specific intent without reference to a specific marshaling instruction.  Benson further argues there was insufficient evidence for the jury to find him guilty.  

17–1803  Rilea v. Iowa Dep’t of Transp.

The petitioners sought judicial review of declaratory orders issued by the Iowa Department of Transportation (IDOT), which held that IDOT motor vehicle enforcement officers possessed legal authority to stop drivers and issue citations for violations of law unrelated to operating authority, registration, size, weight, and load under Iowa Code section 321.477.  (Iowa Code section 321.477 was amended effective May 11, 2017.  The declaratory orders applied the law as it existed in September 2016, when the petitioners were stopped and cited by IDOT officers.)  The district court determined the IDOT’s policy of enforcing laws outside the scope of section 321.477 is illegal. The IDOT appeals arguing the district court erred in declaring there is no legislative authority that justifies an IDOT peace officer’s exercise of arrest authority in these situations even when the offense is observed in the officer’s presence. 

17–1232  State v. Werner

Jeremy Werner appeals from his conviction for operating a motor vehicle while his license was revoked in violation of Iowa Code section 321J.21.  Werner argues the Iowa Department of Transportation motor vehicle enforcement officer acted beyond his statutory authority when he stopped Werner for speeding and that Iowa’s citizen arrest statute does not authorize the officer’s actions. 

17–0783  Noll v. Iowa Dist. Ct.

Richard Noll challenges the legality of his sentence following his conviction for operating while intoxicated, third offense, in violation of Iowa Code sections 321J.2(1)(a) and 902.8.  Noll argues that sentencing him as a habitual offender under Iowa Code section 902.9 was illegal because Iowa Code section 321J.2(2)(c) prescribes a specific fixed punishment for operating while intoxicated as a third offense.



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