David L. Baker

The case involved claims by Jeremy Brokaw and his parents against Andrew McSorley, a high school basketball player, for assault and battery after McSorley struck Brokaw during a game, and against the Winfield-Mt. Union Community School District for negligent supervision. The trial court awarded the Brokaws $23,000 in compensatory damages against McSorley but denied punitive damages and dismissed the claim against the school district; the court of appeals affirmed, and the Iowa Supreme Court granted further review. The court held that substantial evidence supported the compensatory damages award despite disputes over causation and mitigation. It further concluded that the school district could not reasonably foresee McSorley's intentional act, precluding liability for negligent supervision. Finally, the court determined that punitive damages were not mandatory because McSorley's split-second action during the game did not demonstrate the requisite level of willful disregard.

torts & liability

The case involved Emmanuel Fountain's conviction for domestic abuse assault causing bodily injury after an alleged incident with his former girlfriend, where he appealed claiming ineffective assistance of counsel because his attorney failed to request a specific intent jury instruction. The Iowa Supreme Court held that assault under Iowa Code section 708.1 requires specific intent rather than general intent, so the trial court erred in submitting only a general intent instruction. However, because the record lacked transcripts of opening statements and closing arguments, the court could not determine whether counsel's omission constituted ineffective assistance or caused prejudice to Fountain, and thus preserved that claim for postconviction relief while affirming the conviction.

criminal lawprocedure

The case involved the Iowa Supreme Court Attorney Disciplinary Board charging attorney Ivan J. Ackerman with ethical violations in two probate matters, including prolonged delays that generated numerous delinquency notices, misrepresentations about the status of tax requirements and estate closure, and premature collection of fees. The parties stipulated to the facts, violations of multiple rules under the Iowa Code of Professional Responsibility and Rules of Professional Conduct, and a recommended sanction. After de novo review, the court found the misconduct proven by a convincing preponderance of the evidence and suspended Ackerman's license to practice law indefinitely with no possibility of reinstatement for ninety days, while taking into account mitigating factors such as his health issues and community service.

procedure

This case concerned whether the Iowa Department of Revenue could assess and collect state estate taxes, interest, and penalties from the minor beneficiaries of a life insurance policy after the probate estate itself had no assets to pay the taxes. The Director of the IDOR upheld the assessment against the beneficiaries, the district court affirmed that decision on judicial review, and the court of appeals reversed. The Iowa Supreme Court vacated the court of appeals decision and affirmed the district court, holding that Iowa Code section 451.12 incorporates the assessment and collection procedures of chapter 450, making the life-insurance beneficiaries “persons entitled to property subject to the tax” even though the proceeds were not part of the probate estate. The court reasoned that any inheritance-tax exemptions for life insurance payable to named beneficiaries conflict with chapter 451 and therefore are not incorporated, allowing the department to levy on the conservatorship funds held for the children.

taxesprocedure

This case involves the prosecution of Victor Serrato for first-degree murder of Mimi Carmona and nonconsensual termination of her pregnancy, stemming from events that began in Muscatine, Iowa, with the victim's body later found in Illinois. The Iowa Supreme Court affirmed Serrato's convictions, reversing the court of appeals' decision that had found insufficient evidence of territorial jurisdiction. The court held that substantial evidence supported the jury's findings that Serrato was the perpetrator and that conduct establishing the mens rea elements occurred in Iowa, satisfying Iowa Code section 803.1 for jurisdiction. It also concluded the district court properly denied motions for acquittal and new trial based on the weight and sufficiency of the evidence.

criminal law

The case involved Alan Fowler's appeal from his civil commitment as a sexually violent predator under Iowa Code chapter 229A following his prior criminal convictions. Fowler moved to dismiss the petition because the State failed to bring the case to trial within the ninety-day period after the probable cause hearing as required by section 229A.7(3). The district court denied the motion, treating the deadline as directory rather than mandatory and finding good cause for the delay based on scheduling and Fowler's failure to demand a speedy trial. On appeal, the Iowa Supreme Court held that the statutory time limit is mandatory, the State neither requested a continuance nor showed good cause, and therefore the petition must be dismissed with Fowler released from custody.

criminal lawprocedure