Robert L. Larson

The case involved a farmer who sued his livestock insurance company seeking coverage for 14 heifers that died from pseudorabies, which he claimed was contracted via bites from infected wild animals or carrier hogs bitten by such animals, under a policy provision for loss by "attack by dogs or wild animals." The trial court dismissed the suit, concluding the policy did not cover indirect infectious results from an attack. On de novo review, the Iowa Supreme Court reversed, holding that the term "attack" encompassed proximate results including disease from bites, even indirectly, and that the evidence established the loss was caused by wild animal attacks as the policy intended. The matter was remanded for judgment in the plaintiff's favor for the claimed damages.

business & regulatoryproperty

This case involved a mother's petition for child support under Iowa's Uniform Support of Dependents Law after she and the children moved to Georgia, while the father remained in Iowa. The Iowa district court ordered the father to pay monthly support but conditioned the award on the mother's cooperation with visitation and transportation arrangements, and also entered judgments against her for attorney fees, costs, and discovery violations. The mother appealed, arguing the court lacked jurisdiction in a support proceeding to address custody, visitation, property, or personal obligations against her. The Iowa Supreme Court held that chapter 252A limits jurisdiction to support issues and does not authorize orders on visitation or in personam judgments against the petitioner, and that full financial disclosure via interrogatories was needed before final support determination. The court reversed and remanded for further proceedings consistent with this jurisdictional limit.

family lawprocedure

The case involved a petition by the county attorney to transfer a delinquency complaint against minor Phillip Brown from juvenile court to district court under Iowa Code section 232.72. The juvenile court granted the transfer after the county attorney's opening statement but before any evidence was presented, based solely on the judge's review of the boy's prior record. Brown appealed, arguing that the statute required a hearing with evidence and findings that the transfer served the best interests of the child or the public. The Iowa Supreme Court reversed the transfer order, ruling that the lack of a hearing with testimony and evidence violated the statutory requirements, rendering the order void, and remanded for further proceedings.

criminal lawprocedure

The case involved Helen Robinson, who was convicted under Iowa Code section 239.14 for obtaining Aid to Dependent Children (ADC) payments through false pretenses by failing to report her new employment and other income changes to the welfare department, despite knowing she was required to do so. The trial court sentenced her to 90 days in jail, and she appealed on grounds that the verdict was against the evidence and that the statute was unconstitutionally vague. The Iowa Supreme Court affirmed the conviction, holding that the jury could reasonably disbelieve her testimony about reporting the changes based on the department's records and practices, and that the statute's terms like 'willfully false statement' and 'fraudulent device' provided sufficient notice of prohibited conduct to satisfy due process. The court also rejected her claim that she remained eligible for payments until the department made an adjustment, noting her actions prevented an accurate eligibility review.

criminal law

This case concerns a father's 1969 application to modify child support provisions in a 1966 Iowa divorce decree, which had already been adjusted in 1967 to tie payments to a percentage of his net income after the mother gained employment earning about $48 weekly take-home pay. The trial court granted the father a credit equal to half of the mother's earnings against his obligation, but the Iowa Supreme Court further modified the decree to require the father to pay a fixed $25 per week per child until each reaches the age of 18, marries, or finishes high school, allowing the mother to retain her earnings as supplemental support. The court reasoned that both parents are liable for child support in proportion to their ability to pay, that a definite fixed amount provides better predictability and meets the children's growing needs without inviting disputes over formulas, and that this approach accounts for factors beyond just income changes while remaining subject to future modification.

family law

The case involved a teacher suing a school district for breach of his continuing contract, claiming an improper dismissal without notice and hearing in April 1969 after conflicts with administrators. The trial court granted summary judgment to the school district, and the Iowa Supreme Court affirmed. The court reasoned that the April board actions and communications did not constitute an official termination or anticipatory breach, as the teacher continued receiving pay and no board-directed dismissal occurred until after proper notice and a hearing on August 1, 1969, rendering the suit premature.

labor & employmentprocedure

The case involved Robert Williams, who was convicted of murdering 10-year-old Pamela Powers after a jury trial in Polk County District Court. Williams appealed, contending that statements and revelations he made to police officers during a car trip from Davenport to Des Moines should have been suppressed because they were obtained in violation of his Fifth and Sixth Amendment rights under the Miranda and Escobedo decisions, particularly since his attorney had instructed him not to speak until counsel was present. The Iowa Supreme Court affirmed the life sentence, finding that the State had shown Williams knowingly and voluntarily waived his rights to silence and counsel during the transport. The majority reasoned that constitutional protections against self-incrimination and for assistance of counsel may be intentionally relinquished, and the circumstances demonstrated such a waiver despite prior agreements with counsel.

criminal lawprocedure

In State v. Galvan, defendant Phillip Galvan was charged with first-degree murder after a fatal stabbing at a party in Des Moines, Iowa, where he was alleged to have attacked the victim following an altercation involving his father. A jury convicted him of second-degree murder under Iowa Code sections 690.1 through 690.3, resulting in a 35-year sentence. On appeal, Galvan argued he was denied a fair trial due to improperly admitted evidence of a prior altercation, a knife exhibit, witness statements, and flight, as well as errors in jury instructions. The Iowa Supreme Court affirmed the conviction, holding that the verdict was supported by substantial evidence viewed in the light most favorable to the state, that evidentiary rulings were proper or non-prejudicial, and that objections to instructions were not preserved for review under applicable procedural rules. The court declined to grant relief under the broad review provision of section 793.18 absent a showing of fundamental unfairness.

criminal lawprocedure

The case involved a dispute over a lease provision between the Starzinger Cherry Place Trust (lessors) and Hamilton Funeral Chapels, Inc. (lessee) concerning whether the lessors could terminate the lease if the State of Iowa acquired the property through eminent domain. The Polk County District Court issued a declaratory judgment ruling that Provision (12) of the lease allowed the lessors to terminate upon the state's exercise of eminent domain, leaving the lessee without any compensable interest in the premises. On appeal, the Iowa Supreme Court affirmed, applying the plain meaning rule to interpret the lease language as encompassing condemnation proceedings and holding that the lessors' exercise of the termination option eliminated the lessee's property rights. The court reasoned that the parties' clear intent, as expressed in the lease, permitted termination at the time of taking, consistent with similar rulings in other jurisdictions, so the state had no authority to compensate the lessee.

propertyprocedure

This case concerned the validity of an intergovernmental agreement creating the Des Moines Metropolitan Area Solid Waste Agency under Iowa Code chapter 28E and related legislation, and whether the agency could issue revenue bonds to fund solid waste collection and disposal facilities, with repayment from fees charged to member municipalities. Plaintiffs, residents and taxpayers, argued that the bonds would create unconstitutional debt for the municipalities under Article XI, Section 3 of the Iowa Constitution and that the statutes improperly delegated legislative authority under Article III, Section 1. The trial court upheld the agency's formation, the agreement's validity, and most bond authority but limited Polk County's role to disposal only. The Iowa Supreme Court affirmed, holding that the bonds were payable solely from a special fund of user fees and thus did not constitute municipal debt, that the statutes served a valid public purpose with adequate standards, and that the delegation was constitutional. The court rejected claims of improper collective action bypassing referendum requirements for the same reasons.

environmentbusiness & regulatorytaxes

The case involved a dispute over an oral contract for the sale of 408 feeder pigs, where the buyer stopped payment on checks after discovering the animals were diseased with vibrionic dysentery and other ailments, leading the seller to sue for the contract price and the buyer to counterclaim for breach of express and implied warranties under Iowa's Uniform Commercial Code. The trial court directed a verdict for the seller on its claim but submitted the buyer's counterclaim to the jury, which awarded damages for losses including pig deaths, veterinary costs, and excess feed. On appeal by the seller challenging the sufficiency of the evidence, the Iowa Supreme Court affirmed, holding that substantial evidence supported the jury's findings on the pigs' condition at delivery, the applicability of warranties, and the claimed damages, while distinguishing prior cases where goods retained value.

business & regulatory

The case involved a bank seeking judgment on two demand promissory notes and foreclosure of two mortgages on Iowa land executed by defendants Thomas and Marianne Steinbeck in 1968. The trial court granted the bank's motion for summary judgment, but the Iowa Supreme Court reversed and remanded for trial. The court determined that the defendants' resistance and Marianne Steinbeck's sworn answers to interrogatories raised a genuine issue of material fact as to whether her signatures on the notes and mortgages were given voluntarily or were obtained through duress and undue influence. Under Iowa Rule of Civil Procedure 237, the full record including interrogatory answers must be examined, and if it shows evidentiary facts that could constitute a defense, summary judgment is improper.

procedureproperty

This case involved Donald G. McConnell, who was charged by county attorney's information with lascivious acts with a child in violation of Iowa Code section 725.2. After his demurrer was overruled, a jury convicted him following trial, and he was sentenced to up to three years in the state penitentiary. On appeal, McConnell challenged the sufficiency of the information, the admission of evidence of his age, and various procedural matters. The Iowa Supreme Court held that the information substantially complied with statutory requirements by following the language of the offense and attaching minutes identifying the child and acts, and it rejected most other assignments of error. The court reversed and remanded for a new trial solely because the trial court had admitted improper evidence to establish the defendant's age.

criminal law

The case concerned an Iowa action to enforce a Minnesota default judgment for unpaid attorney fees originally obtained through attachment of the nonresident defendant's property, which produced a quasi in rem judgment, followed by a later personal judgment for the unsatisfied balance entered without new notice or service. The Iowa trial court dismissed the enforcement petition, holding that the Minnesota court lacked personal jurisdiction over the defendant. The Iowa Supreme Court affirmed, concluding that due process required commencement of a new action with proper notice to convert the final quasi in rem judgment into a personal judgment and that the defendant's earlier special appearance did not supply jurisdiction for the subsequent in personam decree.

procedureproperty

This case is an interlocutory appeal from a trial court's refusal to dismiss a damages action for alienation of affection brought by a man against the individual alleged to have interfered with his former marriage. The court held that section 598.16 of the 1966 Iowa Code, which provides that a guilty party in a divorce forfeits all rights acquired by marriage, bars such a suit when the plaintiff was adjudicated the guilty party in the divorce proceedings. Relying on longstanding precedent from Hamilton v. McNeill and subsequent cases, the opinion concludes that the statute reflects a clear public policy against allowing the guilty spouse to pursue alienation claims, and that the prior divorce adjudication cannot be relitigated in this action. Although the trial court attempted to reassess fault based on claims of equitable fraud, the Supreme Court found those efforts inconsistent with the existing decree and prior appellate rulings on the same facts. The matter was reversed and remanded with instructions to dismiss the petition.

family lawtorts & liability

This case arose from a 1963 truck accident in which a vehicle driven by Cecil Morris, an employee of truck owner Midwest Paper Stock Company, collided with and killed Mildred Archibald. Dart Transit Company, which had leased the truck from Midwest under an agreement requiring it to carry liability insurance protecting the lessor and its operations, settled the resulting wrongful-death claim for $15,000 and then sought to recover that amount from Morris and Midwest. After prior appeals addressing the lease and real-party-in-interest issues, the trial court dismissed Dart's indemnity claims against Morris. The Iowa Supreme Court affirmed, holding that the lease obligated Dart to obtain coverage for the lessor's driver while the equipment was under Dart's control, so Dart could not shift the loss to Morris or Midwest's insurer. The decision rested on contractual interpretation of the trip-lease provisions rather than on negligence or damages questions.

torts & liabilitybusiness & regulatoryprocedure

In State v. Broten, the defendant was convicted of manslaughter after striking Ray Harris during a confrontation outside a cafe, causing Harris to fall, suffer a skull fracture, and later die. On appeal, Broten challenged the trial court's allowance of cross-examination regarding his amateur boxing record and its initial refusal to instruct the jury on self-defense. The Iowa Supreme Court affirmed the conviction, holding that the boxing questions were properly within the scope of direct examination as they related to the defendant's motive, physical capability, and credibility. The court further ruled that no self-defense instruction was required because the evidence showed the defendant was the aggressor who struck first without retreating or claiming fear of injury, and any later instruction did not prejudice the outcome.

criminal lawprocedure

In Bitner v. Bitner, the plaintiff wife filed for divorce after 15 years of marriage on grounds of cruel and inhuman treatment endangering her life, citing repeated physical abuse, unfounded accusations of infidelity, and neglect due to the defendant's heavy drinking and absences. The district court granted the divorce, awarding custody of the two children to the mother, weekly child support, and a division of property. The Iowa Supreme Court affirmed on de novo review, finding that the evidence, viewed as a whole, established by a preponderance that the defendant's conduct amounted to cruel and inhuman treatment that endangered the plaintiff's life and health.

family law

The case involved a contract dispute in which Kengorco sued Jorgenson for the unpaid balance on equipment sold for a bar installation, while Jorgenson counterclaimed for damages due to incomplete or substandard equipment and delayed delivery. The trial court granted judgment to Kengorco for most of the amount claimed (after a credit for unfinished work), dismissed the counterclaim, and found the evidence supported the seller's performance. On appeal, the Iowa Supreme Court affirmed, concluding that the trial findings rested on substantial evidence, any erroneous evidentiary rulings were harmless because equivalent evidence was admitted or the purposes were not properly explained, and claims of judicial bias were neither preserved nor sufficient to show prejudice in a bench trial.

business & regulatoryprocedure

The case involved Linwood Stone Products challenging the Iowa Department of Revenue's assessment of sales and use taxes on diesel fuel and industrial equipment used in its limestone quarry operations, claiming exemptions under statutes for items used in processing tangible personal property. The court determined that "processing" begins only when the limestone is placed into the crusher, not during earlier mining activities like drilling and blasting, so fuel and equipment used prior to crushing were taxable. However, certain equipment directly used after crushing, such as transformers, a storage tank, and screens, qualified for use tax exemptions if not readily obtainable in Iowa. The trial court's modified assessment of $3,121.63 was affirmed on appeal.

taxesbusiness & regulatory