Iowa Supreme Court

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In one of its last rulings of the 2014-2015 term, the Iowa Supreme Court says a locked safe in the car of an arrested driver cannot be searched without a warrant.

During a December 2012 traffic stop, a Davenport police officer found a partially smoked blunt. The driver Jesse Gaskins was arrested, handcuffed and placed in a police cruiser.

The officer then searched the vehicle, which police can do if there is probable cause of criminal activity. During the search the officer found a small, portable safe in the passenger compartment.

Joyce Russell/IPR

Governor Branstad says last week’s momentous U.S. Supreme Court ruling will not have a big impact in Iowa, since same-sex marriage has been well-established in the state since 2009.  

The governor today commented on the fact that county officials in other states may try to deny licenses to same-sex couples in protest.   

Branstad says he’s not aware of any way that could happen here.

Sarah Boden / Iowa Public Radio

The Iowa Supreme Court says telemedicine abortions in Iowa are allowable. In 2013 the Iowa Board of Medicine created rules that effectively banned abortions performed by video conference, but the state’s high court says these rules create an undue burden for women seeking to terminate a pregnancy. 

Flickr / sharyn morrow

The Iowa Supreme Court says the front steps of a single-family home are not public space and therefore a woman in northeast Iowa cannot be charged with public intoxication.

In June 2013, Waterloo police answered a domestic disturbance 911 call. Patience Paye was in her home when officers arrived, but stepped onto her front porch to speak with police.

Though it was Paye who called 911, officers determined that she was an aggressor. A breath sample showed Paye’s blood-alcohol level to be 0.267.

John Pemble/IPR

The Iowa Supreme Court has dismissed a lawsuit that challenged Governor Branstad’s decision to close the Iowa Juvenile Home in Toledo last year.  

Democratic lawmakers and a public employee union leader sued, claiming the governor exceeded his authority by closing the home after the legislature appropriated money to run it.    

The court ruled the case is moot since no money was appropriated to reopen the home.  

Wikipedia / Ser Amantio di Nicolao

The Iowa Supreme Court says it can’t grant post-conviction relief to an immigrant trying to avoid deportation.

In 2011, Victor Hernandez-Galarza pleaded guilty to using a false social security number to title vehicles. Because of his "willingness to surrender" Hernandez-Galarza was offered a deferred judgment for lesser charges.

Hernandez-Galarza successfully completed probation and his record was expunged. 

Clay Masters / IPR

Iowa was only the third state in the nation to legalize same sex marriage, but it was the first to do it unanimously.

Tom Witosky and Marc Hansen wrote “Equal Before the Law: How Iowa Led Americans to Marriage Equality.” Witosky says the unanimity of the decision and Iowa’s moderate reputation helped sway national public opinion towards marriage equality. He points out that polls started shifting significantly in favor of same sex marriage in 2009, the year after the Varnum vs. Brien decision.

J. Stephen Conn

An unusual question is being asked this week in an Iowa courtroom in Garner. When is a previously consenting spouse who is suffering from dementia no longer able to say yes to sex?

After a four year battle with Alzheimer's, Donna Rayhons died in a nursing home last August. She was just a few days away from her 79th birthday. A week later her husband, Henry Rayhons, was arrested. He was charged with sexual abuse. State prosecutors accuse him of having sex with his wife while she was incapacitated by dementia.

Sarah Boden/Iowa Public Radio

Does the Iowa Constitution protect the right to a so-called telemed abortion? That’s a question currently before the Iowa Supreme Court.

On this edition of River to River, Ben Kieffer talks with Todd Pettys, Associate Dean for Faculty and H. Blair and Joan V. White Chair in Civil Litigation at the University of Iowa College of Law, and Ryan Koopmans, attorney at Nyemaster Goode law firm in Des Moines.

Sarah Viren

Imagine you are married and have a daughter. When your spouse gets a job in another state, you plan for everything - including the fact that your new state does not recognize your same-sex marriage.

Today on River to River, host Ben Kieffer talks with Sarah Viren about her move from Iowa City to Lubbock, Texas, recounted in her essay, “How to Unmarry Your Wife."

Flickr / bfi Business Furniture Inc.

The Iowa Supreme Court says anyone claiming damages for wage discrimination that occurred before 2009 is out of luck.

Three female employees of Muscatine-based Allsteel are suing the office furniture manufacturer, alleging male employees were paid more for similar work.  While the lawsuit is pending, the high court's ruling greatly limits the amount of damages the plaintiffs may eventually claim.

Flickr / Dr. Warner

The Iowa Supreme Court says it’s legal for cities to issue tickets to vehicle owners using traffic cameras. Attorney Michael Jacobsma, who represented himself, says the city of Sioux City denied him due process when he was mailed a citation, after his vehicle was spotted by a traffic camera going 67 miles per hour in a 55-mile-per-hour speed zone. 

Center for Computer-Assisted Legal Instruction

The Iowa Supreme Court says the good deed of one defendant did not unfairly sway the jury's opinion of his codefendant. 

John Pemble

Chief Justice Mark Cady of the Iowa Supreme Court says Iowa’s criminal justice system is marked by racial disparities. In his State of the Judiciary address today, Cady told legislators he wants that to change.

According to the 2010 Census, in Iowa 9.4 percent of adult African American men are incarcerated. That's the third highest percentage of incarcerated African American men in the nation.

DerekA

Iowa Supreme Court ruled Friday, only individual homeowners are protected under the Warranty of Workmanlike Construction, which holds builder venders accountable for shoddy workmanship.

The Iowa Supreme Court says expert witnesses cannot testify to a victim's credibility.

Joe Gratz

The Iowa Supreme Court agrees the legal rights of a man arrested for drunk driving were violated when the arresting officer failed to fully explain attorney-client privilege.

Twentyfour Students

The Iowa Supreme Court has clarified what constitutes harassment in the state. The court says a harasser must purposely seek out the victim to commit the offense.  

John Pemble / Iowa Public Radio

The Iowa Supreme Court ruled today remote, two-way video testimony is an inadequate substitute for live, in-person testimony. 

John Pemble

Tonight, the Iowa Supreme Court will consider the question, “Do witnesses in criminal trials need to testify in person? Or is remote, two-way video testimony just as affective?

The state of Iowa claims two-way remote video testimony is just as effective as in-person testimony. Additionally, video testimony is less expensive and less time consuming, and therefore there is large incentive to use remote video testimony more extensively.

Sarah Viren

Imagine you are married. You have a daughter, and when your spouse gets a job in another state, you plan for everything - including the fact that your new state does not recognize your same-sex marriage.

Michael Dorausch

The Iowa Supreme Court ruled Davenport’s Palmer College of Chiropractic discriminated against a blind student when the school did not provide accommodations for his disability.

A few years before Aaron Cannon entered Palmer’s graduate program, the school started requiring students to read and interpret X-rays, to meet industry standards.

Cannon told the school he could complete the course work with the assistance of a sighted aid. Palmer said this wouldn’t suffice since the aid would be interpreting X-rays by describing photos to Cannon. 

Wikimedia Commons

The Iowa Bar Association has recommended to the Iowa State Supreme Court that Iowa’s law schools should institute a “diploma privilege” for graduates of Iowa's law schools, meaning that graduates wouldn’t have to take the bar exam to practice law in the state.

Is allowing lawyers who haven’t passed a bar exam to practice a good idea? President of the Iowa State Bar Association Guy Cook says it’s an overdue change, “Iowa’s bar exam doesn’t test knowledge of Iowa law. This proposal wouldn’t work everywhere, but in Iowa, it could.”

John Pemble

While he didn't win the Sioux City senate seat, at least 2010 candidate Rick Mullin and the Iowa Democratic Party won’t have to pay $231,000 to State Senator Rick Bertrand.

Today the Iowa Supreme Court today found that an ad run by Mullin’s campaign did not meet the definition of defamation. 

Senator Bertrand sued Mullin and his party saying the campaign ad purposely misled voters into thinking Bertrand was the owner of the pharmaceutical company Takeda, when in reality he was an employee.

Clay Masters / IPR

In 2009, the Varnum decision made Iowa the third state to allow same-sex couples to marry.

Fast forward five years later, and 17 states now sanction same-sex marriage, several others allow civil unions, and a U.S. Supreme Court decision ruled a federal same-sex marriage ban unconstitutional.

Today on River to River, host Ben Kieffer takes a look at how public and political attitudes on same-sex marriage have shifted, as well as acknowledging the groups that have remained steadfast in their position.

The guests on today's program include:

Host Ben Kieffer examines several cases before the Iowa Supreme Court this term dealing with a wide breadth of issues including HIV criminalize, solar energy, defamation in campaign ads, and the

Emily Woodbury

Marsha Ternus was the first woman to serve as chief justice of the Iowa Supreme Court, but she's perhaps best known as one of the Iowa Supreme Court justices dismissed by Iowa voters three years ago, for her role in the decision that legalized same-sex marriage in the state. Host Ben Keiffer sits down with Ternus to get her thoughts on that ruling, and on justice and judicial independence in the U.S.

Phil Roeder / Flickr

In 2010 three Iowa Supreme Court Justices lost their election for retention.  The defeat sparked major changes which increased transparency and public outreach at the state’s highest court.  Today Sarah Boden fills in for Ben Kieffer and discusses this new era of transparency with Todd Pettys of the University of Iowa's College of Law.

Jon S / NS Newsflash

Join host Ben Kieffer for this edition of River to River that quickly moves through a variety of news stories of note: implications of an Iowa Supreme Court decision, a possible new Department of Transportation app to prevent texting-and-driving, a tapeworm diet, Iowa college football, and more.

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