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Iowa Certiorari Law


Iowa's top court tosses conviction in Scott County traffic stop

On the evening of August 18, 2014, Officer James Morris was parked along Highway 61 in Eldridge, Iowa, conducting random computer checks on the license plates of passing motorists to see if the vehicle was reported stolen or if there were outstanding warrants associated with the owner of the vehicle. His check of the license plate of a vehicle that passed him revealed that the female registered o... More...   $0 (02-15-2017 - IA)


In 2004, following a jury trial, Perez-Castillo was convicted of two counts
of murder in the first degree and two counts of attempted murder. His direct
appeal was affirmed in State v. Perez-Castillo, No. 05-0362, 2006 WL 2419143,
at *6 (Iowa Ct. App. Aug. 23, 2006).
In 2015, Perez-Castillo filed a motion for new trial, raising a claim of newly
discovered evidence—the te... More...
   $0 (01-25-2017 - IA)


On May 5, 2016, Felty timely filed in the trial court a verified pro se petition for
postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2015). Felty’s
petition did not comply with the requirements of Rule 37.1(b), which provides that a
petition under Rule 37 must meet certain procedural requirements, including limits on the
width of margins, the number... More...
   $0 (01-07-2017 - IA)


On August 28, 2013, the Forest City Police Department took Patrick Letscher and another person into custody and filed a complaint accusing them of stealing a pickup truck. A magistrate set bail at $2000, cash only. Two days later, Letscher posted the bail with the clerk of court. He also signed a form entitled, “APPEARANCE BOND - WAIVER OF ARRAIGNMENT – AUTHORIZATION OF PLEAS OF GUILTY,” ostens... More...   $0 (12-31-2016 - IA)


Heather Hildreth appeals from the dismissal of an action, “Polk County No.
SPCE077325,” which was an “Application for Immediate Return of Seized
Property” filed on October 28, 2014. Hildreth sought the return of her live dog,
which was impounded at the Animal Rescue League upon a finding the dog was
a “dangerous dog” by the City of Des Moines.1 The application noted Hildreth ... More...
   $0 (12-21-2016 - IA)


Brandon Kupfer contends the district court erred in denying his motion to
correct illegal sentence without appointing counsel or securing his waiver of
counsel. Although represented by counsel on appeal, Kupfer offers no argument
concerning the legality of his sentence. See Iowa R. Crim. P. 2.24(5)(a)
(providing court may correct an illegal sentence at any time).
We hav... More...
   $0 (08-12-2016 - IA)


Tyler Webber appeals the denial of his motion to correct illegal sentence.
He claims his lifetime parole is cruel and unusual punishment. See Iowa Code
§ 903B.1 (2005) (“sex offender special sentencing”). He also claims he should
have been afforded a hearing and meaningful representation. The State claims
Webber’s sentence is not grossly disproportionate to his sexual-abuse... More...
   $0 (08-10-2016 - IA)


The evidence introduced at the criminal trial established that in the early
morning hours of March 4, 1999, sixty-seven-year-old B.S. was attacked in her
Des Moines home. The perpetrator, later identified by B.S. and confirmed by
DNA evidence, was Bryson. During the attack, Bryson performed oral sex on
B.S. and forced B.S. to perform oral sex on him. Then B.S. insisted she n... More...
   $0 (07-03-2016 - IA)


On March 3, 2006, Anderson was charged with one count of sex abuse in
the second degree and one count of sex abuse in the third degree. See State v.
Anderson, No. 11-1991, 2012 WL 5356105, at *1 (Iowa Ct. App. Oct. 31, 2012).
Following a bench trial in August 2011, Anderson was found guilty. See id. at *4.
On December 18, 2013, Anderson filed a motion for new trial. A hear... More...
   $0 (06-18-2016 - IA)


Jared Guinta pled guilty to manufacturing a controlled substance
(hashish). See Iowa Code § 124.401(1)(d). The district court adjudged him
guilty and sentenced him to a prison term not exceeding five years. The order
stated, “The State will jointly recommend reconsideration of the defendant’s
sentence if he receives a positive report from the institution after 90 days of More...
   $0 (05-12-2016 - IA)


Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont... More...   $0 (04-15-2016 - IA)


On November 4, 2011, the State charged thirty-one-year-old Joshua Scott Pearson with committing sex acts with a fifteen-year-old girl. On April 17, 2012, Pearson pled guilty to two counts of sexual abuse in the third degree in violation of Iowa Code section 709.4(2)(c)(4) (2011). This section criminalizes the performance of a sex act with a fourteen- to fifteen-year-old person by an individual a... More...   $0 (03-06-2016 - IA)


This case comes to us on appeal from our order for remand for
resentencing. However, the challenge raised here is that the district court
exceeded its authority on remand, more properly challenged by a writ of
certiorari. See, e.g., City of Okoboji v. Iowa Dist. Ct., 744 N.W.2d 327, 330 (Iowa
2008); United Fire & Cas. Co. v. Iowa Dist. Ct., 612 N.W.2d 101, 103 (Iowa
2000... More...
   $0 (02-08-2016 - IA)


This case comes to us on appeal from our order for remand for
resentencing. However, the challenge raised here is that the district court
exceeded its authority on remand, more properly challenged by a writ of
certiorari. See, e.g., City of Okoboji v. Iowa Dist. Ct., 744 N.W.2d 327, 330 (Iowa
2008); United Fire & Cas. Co. v. Iowa Dist. Ct., 612 N.W.2d 101, 103 (Iowa
2000... More...
   $0 (02-06-2016 - IA)

Nicole Walker v. United States

On August 18, 2010, a grand jury charged Walker with one count of conspiring to manufacture and distribute at least 50 grams of actual methamphetamine and 500 grams of a mixture or substance containing methamphetamine. Through counsel, Walker entered into extensive plea negotiations with the government. In an attempt to reduce the statutory mandatory minimum Walker faced from ten years to five y... More...   $0 (01-14-2016 - IA)


On June 21, 2011, Dubuque police received a report of a woman armed with a knife and threatening suicide. Officer Jason Pace was dispatched to the scene. Upon arrival, Officer Pace was informed that the subject of the report was Koreen Erickson. He was also advised that other residents on the street had disarmed Erickson and she had left the area on foot. Officer Pace was able to locate Erick... More...   $0 (10-23-2015 - IA)

United States v. Ronnie Langston

This court previously affirmed Ronnie Lee Langston’s sentence under the
Armed Career Criminal Act, 18 U.S.C. § 924(e). See United States v. Langston, 772
F.3d 560 (8th Cir. 2014) (per curiam). The Supreme Court granted certiorari, vacated
the judgment, and remanded for reconsideration in light of Johnson v. United States,
135 S. Ct. 2551 (2015). This court again affirmed the senten... More...
   $0 (09-09-2015 - IA)

State of Iowa v. Damion John Seats

A juvenile offender convicted of first-degree murder appeals his
resentencing to life in prison without the possibility of parole. In this
appeal, we determine the factors a court must use when it sentences a
juvenile offender for first-degree murder. Because the district court did
not have the benefit of this decision when it sentenced the juvenile, we
vacate the sentence and ... More...
   $0 (06-26-2015 - IA)

Alex Crabb v. Iowa District Court In and For Polk County

We are asked to decide whether a district court abused its discretion in sanctioning Alex Crabb, an attorney, for making misleading statements in a court filing.
I. Background Facts and Proceedings
The facts underlying the sanctions ruling are lengthy but straightforward. Troy Dowell pled guilty to several crimes, including neglect of a dependent. The sentencing court ordered his imprisonm... More...
   $0 (10-15-2014 - IA)

EMILY M. PEDERSON, Petitioner-Appellee, vs. SCOTT H. MEYER, Respondent-Appellant.

Three contempt applications are the subject of this appeal. Emily Pederson filed two applications seeking to have Scott Meyer found in contempt, asserting Meyer willfully violated the terms of a custody decree on a number of occasions by keeping the parties’ child out of preschool during visits with the child in October and November 2012. Meyer filed his own application alleging ten separate con... More...   $0 (08-13-2014 - IA)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

In re the Marriage of Richard Herbers and Mary Catherine Herbers

Richard Herbers appeals economic provisions of the dissolution decree and the ruling on the motion to enlarge and amend. Specifically, he appeals the award of spousal support to Mary Herbers. He also appeals the equalization payment and contends the distribution of assets and liabilities was inequitable. He asks that we modify the court’s order disposing of the marital home, requiring Mary to se... More...   $0 (03-12-2014 - IA)

Rickie Allen Suiter and Darlene Marie Suiter v. the City Council of the City of Princeton, Iowa

Rick and Darlene Suiter appeal from the district court’s ruling entering summary judgment in favor of the City Council of the City of Princeton (“the City”) on their petition for writ of certiorari, in which the Suiters claimed certain action of the City was illegal. We affirm.

I. Background Facts and Proceedings

The Suiters own riverfront property in Princeton. Their property ... More...
   $0 (02-05-2014 - IA)

Daryl D. Lang v. Linn County Board of Adjustment

This certiorari proceeding requires us to address the agricultural exemption from county zoning. See Iowa Code § 335.2 (2011). The property owners who brought this action had a lengthy dispute with Linn County over whether houses they had built were subject to the county’s zoning and subdivision ordinances. We are asked to review two separate decisions by the Linn County Board of Adjustment—i... More...   $0 (03-29-2013 - IA)

Ted Joseph White v. The Iowa District Court for Clinton County

Ted White challenges the district court’s finding he was in contempt of a domestic abuse protective order. He claims he cannot be held in contempt because the protective order was void. If not void, he claims the protective order had expired by operation of law and thus, was ambiguous. White also contends the district court erred in finding his conduct was willful and abused its discretion in im... More...   $0 (05-23-2012 - IA)

Jan Reis and Dean Stowers v. Iowa District Court for Polk County

Jan Reis and Dean Stowers were held in contempt of court for violation of a protective order. They argue the district court lacked jurisdiction to enforce the protective order and lacked substantial evidence to support a finding of contempt. We hold the court properly exercised jurisdiction to enforce the protective order and there was substantial evidence to support the finding of contempt with r... More...   $0 (05-08-2010 - IA)

Steve Everly v. Knoxville Community School District, Musco Sports Lighting, LLC and Randy Flack

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

Stew-Mc Development, Inc., et al. v. Nancy M. Fischer and Thomas J. Fischer

In this case, we must decide the timeliness of various crossappeals filed by the parties seeking to challenge a district court ruling that the plaintiffs possessed only a limited easement in connection with certain real estate located in Dubuque County and rejecting a counterclaim for abuse of process. For the reasons expressed below, we find the cross-appeals timely filed. On the merits of the ea... More...   $0 (08-14-2009 - IA)

City of Johnston v. Andrew Christenson

We filed our opinion in this appeal on April 8, 2009, but subsequently granted the plaintiff-appellant City of Johnston‟s petition for rehearing. Our April 8, 2009 decision is hereby vacated and this opinion replaces it. The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment o... More...   $0 (05-06-2009 - IA)

Kathryn S. Barnhill v. Iowa District Court for Polk County

An Iowa attorney brought a class-action lawsuit on behalf of homeowners against the manufacturer of roofing shingles and its president. The action asserted seven theories of recovery, most of which were based in contract. After the district court granted summary judgment in favor of the manufacturer and its president, the president requested sanctions against the attorney who filed the class actio... More...   $0 (05-01-2009 - IA)

City of Johnson v. Andrew Christenson

The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment of the district court and remand for further proceedings in this protracted dispute over Christenson‟s desire to build an accessory structure on his land to house his horses. I. BACKGROUND FACTS AND PROCEEDINGS. This is t... More...   $0 (04-08-2009 - IA)

Michael Burke v. John Mardis, Mayor and The City of Evansdale

Plaintiff, Michael Burke, appeals from the district court’s denial of his petition for a writ of certiorari. He contends the city of Evansdale mayor, John Mardis, and the city acted illegally in terminating him as chief of police of the city without first offering him a pre-termination hearing to refute the evidence against him. He asserts he was entitled to a pre-termination hearing under the c... More...   $0 (02-04-2009 - IA)

David Griffith v. City of Des Moines

David Griffith, who is Hispanic, joined the Des Moines Fire Department in 1989. He commenced this action in August 2001, alleging on-going disparate treatment and retaliation by the City of Des Moines, Fire Chief Ronald Wakeham, and Assistant Fire Chief Jerry Cohoon in violation of Title VII, 42 U.S.C. § 2000e-2; 42 U.S.C. §§ 1981 and 1983; and the Iowa Human Rights Act, Iowa Code § 216.6... More...   $0 (10-28-2004 - IA)


Appellant, Nash Finch Company, appeals from a district court judgment upholding the action of appellee, City Council of the City of Cedar Rapids, suspending Nash Finch's permit for the sale of cigarettes based on the company's second violation of Iowa Code section 453A.2(1) (1999). Nash Finch contends the district court erred in holding two company stores were the same "place of business" for p... More...   $0 (12-19-2003 - IA)

Waterloo/Cedar Falls Courier vs. Hawkeye Community College, et al.

A local community college wants newspaper editors to tell who ratted them out. The editors stand firm and would be solaced by the words of a past newsperson:

If your editorial writer . . . "takes the fence," thinking of the dangers of antagonizing somebody or other, including the publisher's wife, he can't write anything worth reading and it is not worth while hiring him . . . ."

H.L.... More...   $0 (06-12-2002 - IA)

Kenneth R. Simons vs. Municipal Fire and Police Retirement System of Iowa

This interlocutory appeal asks whether, in a certiorari action challenging an award of disability benefits under the Municipal Fire and Police Retirement System (System), venue is proper in the officer’s county of residence or in the county where the retirement system adjudicates the controversy and renders its decision. Because the administrative hearing was based on facts arising in the o... More...   $0 (06-12-2002 - IA)

Garling Construction, Inc. vs. City of Shellsburg, Iowa, et al.

Garling Construction, Inc., a general contractor with more than twenty years experience, submitted a bid for the city project of $308,583. DeKlotz Construction, Inc., a local contractor, submitted the next lowest bid of $317,980.29. DeKlotz had never previously bid a public improvement or project. Dennis DeKlotz, owner of DeKlotz Construction, Inc., resides in Shellsburg. The city council made no ... More...   $317980 (01-24-2002 - IA)

Perkins v. Madison County

Neighbors to the Madison County fairgrounds fear the wished-for figure-eight auto racing will amount to "insanity at its finest."Darin Nelson & Son, Figure 8 Races in Adel, Iowa; Dallas County Fairgrounds, available at http://www.deziningwebz.com/figureeight/ (last visited October 23, 2001). This case presents a challenge to the county government's allowing such races during the county fair by the... More...   $0 (11-15-2001 - IA)

City of Coralville, Iowa, et al. v. Iowa District Court for Johnson County

The issue before us is whether the district court properly ordered the production of evidence to be used in an underlying suit by a former police officer against the City of Coralville and various other defendants. The city and two of its employees (collectively city) challenge the order to compel discovery by filing this certiorari action. We sustain the writ in part and annul it in part. I. Fa... More...   $0 (10-10-2001 - IA)

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