Louis A. Lavorato

The case involved thirteen defendants who were jointly tried and convicted of simple misdemeanor trespass after protesting the Iraq war near a military armory and ignoring warnings to leave. The clerk of court taxed each defendant the full $100 jury fee under Iowa Code section 625.8(1) and the full $150 court reporter fee under section 625.8(2) without apportionment. The Iowa Supreme Court held that the statutes permit taxing the full jury fee to each defendant because each faced a separate action resulting in a judgment, and the full reporter fee to each nonindigent defendant because all benefited from the proceedings without objection. However, Iowa Rule of Criminal Procedure 2.67(9) exempts indigent defendants from the reporter fee, so the clerk erred in taxing it to them. The court affirmed in part, reversed in part, and remanded for corrected cost entries.

criminal lawprocedure

This case concerned Iowa attorney Rodney T. Carroll, who as president of a nonprofit arts council used the organization's checking account and credit card for personal expenses totaling over $9,000 without authorization, later repaying the funds after confrontation. Carroll was charged with second-degree theft, pled guilty, and received a deferred judgment with probation. The Iowa Supreme Court, reviewing the Grievance Commission's recommendation de novo, revoked Carroll's law license. The court reasoned that lawyers who convert entrusted funds face revocation to protect the public, deter similar misconduct, and preserve confidence in the justice system, even when the funds are not client funds, repayment occurs, or the lawyer was not acting in a legal capacity.

criminal law

This case involved claims by Yates Kennel against Iowa West Racing Association and related parties for slander based on statements about the kennel's performance and track conditions, and for negligence in maintaining the greyhound racing track that allegedly caused injuries to the dogs. The Iowa Supreme Court affirmed the court of appeals' reversal of the district court's judgment in favor of the plaintiffs, holding that the defendants were entitled to a directed verdict on both claims. The court reasoned that there was insufficient evidence to support the slander claim and that the negligence claim lacked proof linking the track conditions causally to the specific dog injuries, as the evidence was anecdotal and alternative causes were possible. The case was remanded for entry of judgment in favor of the defendants.

torts & liabilitybusiness & regulatoryprocedure

The case involved Iowa Ag Construction Co. and Iowa Select Farms challenging the Iowa State Board of Tax Review's denial of sales and use tax exemptions under Iowa Code section 422.45(26) and (39) for various items used in hog confinement facilities, including flooring, fans, curtains, controllers, and mowers. The district court affirmed the Board's decision that the property did not qualify for exemption, and the Iowa Supreme Court affirmed that ruling. The court reasoned that the items were not directly and primarily used in the production of agricultural products as required by the statute and administrative rules, with mowers in particular being one step removed from livestock production since they were mainly used for rodent control and regulatory compliance around buildings and lagoons. Substantial evidence supported the Board's findings, and its interpretation and application of the law were not irrational or unjustifiable.

taxesbusiness & regulatory

In this breach-of-contract case, RPC Liquidation (formerly Raider Precast Concrete), a material supplier, claimed third-party beneficiary status under IDOT contracts with bridge construction contractors after the IDOT rejected beams contaminated with soybeans. The district court ruled that RPC was a third-party beneficiary and awarded damages, a decision affirmed by the court of appeals. The Iowa Supreme Court reversed, holding that the contracts expressly disclaimed third-party beneficiaries and that, under Restatement (Second) of Contracts section 302, the language and circumstances showed no intent to confer enforceable rights on the supplier. The court remanded with directions to dismiss the petition.

business & regulatory

In Crall v. Davis, the plaintiffs sued their neighbor for personal injuries from a slip-and-fall on the defendant's property and for loss of consortium, filing the petition on February 16, 2004. The district court initially dismissed the case for failure to serve process within the required 90 days but later set aside the dismissal, found good cause for the delay, and extended the service deadline. On interlocutory appeal, the Iowa Supreme Court reversed, holding that the record lacked substantial evidence of good cause because the plaintiffs' service attempts were ineffective or untimely, they did not request a court extension despite knowing the defendant's address, and they failed to act diligently before the deadline expired under Iowa Rule of Civil Procedure 1.302(5). The court remanded with directions to dismiss the petition.

proceduretorts & liability

The case involved the estate of Lily Wilson suing its insurer, Farm Bureau Mutual Insurance Company, for underinsured motorist benefits after a jury verdict and judgment against an underinsured driver who fatally struck Wilson, along with a bad-faith claim for the insurer's refusal to pay the demand. The district court granted partial summary judgment to the estate on its contract claim, ruling a consent-to-be-bound provision in the policy unenforceable as against public policy, and granted the insurer summary judgment on the bad-faith claim. On interlocutory appeal, the Iowa Supreme Court held that the insurer was bound by the original tort judgment but not the amended judgment, that the consent-to-be-bound provision was valid and enforceable, and that the insurer had not acted in bad faith as a matter of law because its position on coverage was fairly debatable. The court affirmed in part, reversed in part, and remanded for further proceedings.

torts & liabilityprocedure

The case involved disciplinary proceedings against Iowa attorney Kay E. Dull for multiple instances of professional misconduct, including appearing in court while under the influence of alcohol, a third-offense OWI felony conviction, neglecting several client matters such as dissolutions and appeals, and failing to respond to board inquiries. On de novo review, the Iowa Supreme Court found the charges proven by a convincing preponderance of the evidence, considering both aggravating factors like the pattern of neglect and a felony conviction as well as mitigating circumstances such as Dull's alcoholism treatment and sobriety efforts. The court suspended Dull's license to practice law for two years from the date of the opinion, rescinded an earlier temporary suspension, and imposed conditions for any future reinstatement including repayment of unearned fees.

criminal lawprocedure

In this case, inmate Valentino Maghee appealed a district court penalty order that deducted 2000 days of his earned time credits for filing a frivolous civil lawsuit against a judge, claiming violations of due process under the Fourteenth Amendment due to the denial of appointed counsel at state expense and arguing that the sanction was disproportionate to the offense. The Iowa Supreme Court affirmed the order, holding that there is no constitutional right to appointed counsel in such penalty proceedings because the liberty interest in earned time credits does not rise to the level requiring counsel as in parole revocation cases. The court further reasoned that Iowa Code section 610A.3 allows forfeiture of some or all earned time for frivolous actions, the sanction fell within that statutory discretion, and Maghee provided no evidence to show the penalty was disproportionate or an abuse of discretion.

criminal lawcivil rightsprocedure

The case involved Kingsway Cathedral suing the Iowa Department of Transportation and the City of Des Moines for inverse condemnation, alleging that vibrations from two construction projects caused damage to their church building amounting to a constitutional taking. The Iowa Supreme Court reversed the district court's denial of the defendants' motions to dismiss, holding that the petition failed to state a claim because the temporary nature of the construction vibrations did not create a permanent invasion or servitude on the property. The court reasoned that such consequential damages from temporary construction activities are not compensable as a taking under the Fifth Amendment or Iowa Constitution but may be pursued in tort instead.

propertyproceduretorts & liability

In State v. Duncan, Harold Duncan was convicted by a jury of first-degree murder after shooting his wife of forty-three years, with the defense asserting self-defense and diminished responsibility based on his low intelligence and the couple's relationship. Duncan appealed, arguing that the trial court improperly admitted character and prior bad-acts evidence regarding an abusive relationship during cross-examination and rebuttal testimony from his daughter. The Iowa Supreme Court affirmed the conviction, holding that Duncan had opened the door to such evidence by testifying about the relationship and divorce discussions, that the prosecutor's questions did not constitute an improper setup given prior defense references to abuse, and that any error regarding the daughter's testimony was not preserved and was cumulative of other admitted evidence.

criminal lawprocedure

In this declaratory judgment action, the executor of Harold McNertney's estate sued Thomas Kahler to invalidate a deed to real property after Harold, as grantee, added Kahler as a joint tenant with right of survivorship following delivery and recording of the original deed from the seller. The district court granted the executor's motion for summary judgment, ruling the alteration a nullity, and the Iowa Supreme Court affirmed. The court held that undisputed facts from the pleadings and affidavits showed the deed had been delivered and recorded, transferring title to Harold, after which he could not unilaterally alter the grantee provision without a new conveyance recognized by law; the addition was ineffective because the original grantor had no remaining interest and had not consented. The decision rested on Iowa precedents establishing that a deed's office is complete upon delivery and that post-delivery changes to grantees require proper re-conveyance.

propertyprocedure

In this postconviction relief case, Debora Sue Wise challenged the denial of her application after pleading guilty to two counts of delivering marijuana, arguing that the district court failed to sufficiently inquire into her waiver of counsel for the proceeding and did not appoint counsel on its own motion. The district court had denied relief on both procedural grounds, such as failure to preserve issues via a motion in arrest of judgment or direct appeal, and on the merits, finding no defects in the plea process or ineffective assistance. The Iowa Supreme Court affirmed, holding that Wise's statements during the plea colloquy and other record evidence contradicted her claims about promises regarding sentencing, and that the lack of further inquiry into her counsel waiver or sua sponte appointment of counsel was not prejudicial error. The court of appeals decision and district court judgment were affirmed.

criminal lawprocedure

In this medical malpractice case, Gail Peppmeier sued Dr. Bruce Murphy for negligent breast surgery and sued his former employer Heartland Plastic and Reconstructive Surgery under a respondeat superior theory. The district court granted summary judgment to Murphy, finding no genuine issue of material fact on the negligence claim, and also granted summary judgment to Heartland. The Iowa Supreme Court held that the summary judgment in favor of the agent constitutes a final judgment on the merits that bars the vicarious liability claim against the principal when both rest on the same facts, affirming the judgments for both defendants. The court reasoned that collateral estoppel and res judicata principles apply to summary judgments resolving the underlying claim, preventing relitigation of the agent's alleged negligence through the principal.

torts & liabilityprocedure

This case is an attorney disciplinary proceeding against Michael L. Zenor, the part-time Clay County Attorney, who also maintained a private law practice with his assistants. The Iowa Supreme Court Attorney Disciplinary Board alleged misconduct in four counts, including instituting charges without probable cause, defending criminal defendants while serving as prosecutor, and prosecuting former clients, creating conflicts of interest. The Grievance Commission dismissed the probable cause count but found violations on the others and recommended a public reprimand; on de novo review, the Iowa Supreme Court found all counts proven and imposed a four-month suspension of Zenor's law license. The court reasoned that the conflicts of interest were pervasive and similar to those in a prior case involving another prosecutor, warranting suspension rather than a reprimand to protect the integrity of the criminal justice system. The topics are criminal law and procedure.

criminal lawprocedure

In this personal injury case, husband Howard Rick and wife Marlene Rick sued defendant Wilbur Sprague for damages from a car accident, with Howard claiming personal injuries and Marlene claiming loss of spousal consortium. Sprague made an offer to confess judgment for a total of $5000 on the plaintiffs' claim, which Howard rejected while Marlene purported to accept it for her claim alone; the district court then entered judgment for Marlene on that basis. The Iowa Supreme Court treated the appeal as certified, denied dismissal, and reversed, holding that the offer's language indicated a single joint offer to both plaintiffs with no mutual assent formed because Marlene's acceptance did not conform to the offer's terms. The court remanded for further proceedings, finding the offer unambiguous in treating the claims as one for settlement purposes.

torts & liabilityprocedure

This case involved a criminal charge against Lester Lasley for selling cigarettes to an underage person at the Meskwaki Trading Post on the Sac and Fox Tribe reservation in violation of Iowa Code section 453A.2(1). A magistrate dismissed the charge for lack of subject matter jurisdiction due to tribal sovereign immunity, and the Tribe appeared to support that outcome. The Iowa Supreme Court granted discretionary review and reversed, concluding that the statute was criminal/prohibitory rather than civil/regulatory and therefore enforceable against an individual on tribal land. The court further held that it had jurisdiction to hear the appeal regardless of the Tribe's standing and that the erroneous dismissal did not bar reinstatement and further prosecution of the charge.

criminal lawfederal power

The case involved a mother appealing a permanency order in a child-in-need-of-assistance proceeding that transferred physical custody of her son to the paternal grandparents and directed the county attorney to file for termination of her parental rights. The Iowa Supreme Court dismissed the appeal, holding that the order was interlocutory rather than final. The court reasoned that, like temporary custody orders in dissolution cases, such orders should not be appealable to promote judicial efficiency, allow for a complete record, and prioritize the child's best interests by minimizing delays in termination proceedings. It also denied permission for an interlocutory appeal as it did not meet the criteria.

family lawprocedure

This case involved property owners who sued a city after it rezoned nearby land to allow construction of a ready mix concrete plant, claiming the rezoning amounted to an unconstitutional taking of their property without just compensation under federal and state constitutions, and also asserted nuisance claims against the property owner. The Iowa Supreme Court held that the city’s rezoning did not constitute a taking, reversing the district court on that issue, but affirmed that the landowner was personally liable for the nuisance created by the plant’s operation. The court reasoned that the rezoning complied with procedural requirements and did not violate constitutional protections, while substantial evidence showed the landowner owned the site, personally obtained permits, leased it knowing the intended industrial use, and oversaw operations, satisfying the elements for personal nuisance liability under the Restatement (Second) of Torts. The decision affirmed the court of appeals and modified the district court judgment accordingly.

propertytorts & liabilitybusiness & regulatory

The case involved a bank that sued a corporate account holder and one of its shareholders after overdrafts left a large negative balance in the checking account. The shareholder had signed an account agreement making him jointly and severally liable for any shortages from overdrafts. After the account went negative by hundreds of thousands of dollars, the shareholders and their spouses executed promissory notes whose proceeds were deposited into the account, bringing the balance positive. The district court granted summary judgment for the defendants, ruling that the deposits paid the shortage in full and eliminated any remaining liability under the agreement. The Iowa Supreme Court affirmed, holding that the actual application of the note proceeds as customer deposits constituted payment of the overdraft shortage rather than a mere promise to pay.

business & regulatoryprocedure