State Ex Rel. Turner v. First of Omaha Service Corp.
Supreme Court of Iowa · 1978-08-30 · cited 5×
The case concerned whether national banks located in Nebraska could charge Iowa residents interest rates permitted under Nebraska law but exceeding limits in Iowa's Consumer Credit Code for Bank Americard transactions. The Iowa Supreme Court reversed the trial court's grant of summary judgment to the defendant banks, holding that Iowa's interest rate ceilings apply to such loans. The court reasoned that under 12 U.S.C. § 85 of the National Bank Act, while national banks may generally charge rates allowed by their home state's laws, this does not permit them to exceed Iowa's limits when extending credit to Iowa residents, as the applicable rate is ultimately determined by federal law interpreted in light of the state where the borrower resides. The Attorney General had sought injunctive and declaratory relief to enforce the Iowa code's finance charge restrictions and notice requirements against the banks' practices.
business & regulatoryfederal power
State v. Jump
Supreme Court of Iowa · 1978-08-30 · cited 26×
The case involved David Randel Jump, who was convicted by a jury of manslaughter in the stabbing death of Kevin Dean Senyard. Jump appealed his conviction, asserting that statements he made during interrogation were involuntary due to psychological coercion in violation of his constitutional rights and should have been suppressed, and that the trial court erred by refusing to give his proposed jury instructions regarding the polygraph examination he had taken. The Iowa Supreme Court affirmed the conviction and sentence, holding that the statements were properly admitted after a suppression hearing and that the requested instructions on the polygraph were correctly refused because unstipulated polygraph evidence is inadmissible and defendant had introduced the topic himself. The court noted that other arguments raised on appeal had not been preserved in the trial court.
criminal lawprocedure
In Re Marriage of Hitchcock
Supreme Court of Iowa · 1978-04-19 · cited 8×
This case concerned the dissolution of the marriage of W.P. and Necia A. Hitchcock, specifically Necia's appeal from the financial terms of a settlement decree (including alimony of $1500 monthly, a $50,000 lump-sum payment, and division of the home and other assets) and the denial of her post-decree motion to vacate the judgment. After the parties reached a settlement mid-trial following the judge's urging, Necia claimed her consent resulted from undue duress due to the trial court's remarks and conduct. The Iowa Supreme Court reviewed the record of the evidentiary hearing on the motion, the valuation disputes over the husband's business interests, and the circumstances of the settlement discussions. The court held that the trial judge's statements did not constitute coercion or prejudgment sufficient to invalidate the agreement.
family lawprocedure
Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Ralph
Supreme Court of Iowa · 1978-01-18 · cited 1×
This case involved a lawyer disciplinary proceeding against Gerald R. Ralph for failing to file Iowa state income tax returns for 1973, 1974, and 1975, resulting in criminal convictions under section 422.25(5) of the Iowa Code, and for falsely certifying on required forms that the returns had been filed. The Grievance Commission recommended suspension after a hearing, and the Iowa Supreme Court reviewed the matter de novo. The court found that Ralph's actions violated Disciplinary Rule 1-102(A)(1), (4), (5), and (6), as well as sections 610.24(3) and (4) of the Iowa Code. It therefore suspended his license to practice law indefinitely with no possibility of reinstatement for 12 months from the date of temporary suspension, requiring proof of no practice during that period upon any future reinstatement application.
criminal lawtaxes
Moorman Manufacturing Co. v. Bair
Supreme Court of Iowa · 1977-05-25 · cited 24×
The case involved Moorman Manufacturing Company, an Illinois-based corporation that sold livestock feed in Iowa through warehouses and sales staff but manufactured no products there, challenging Iowa's corporate income tax apportionment. Iowa's statute used a single-sales-factor formula to determine the portion of a multistate corporation's net income taxable in the state, based on in-state gross sales relative to total sales. The district court held this formula facially unconstitutional under due process and commerce clause protections. On appeal, the Iowa Supreme Court reversed, ruling the formula constitutional both facially and as applied because Moorman failed to show it produced a grossly distorted or unfair attribution of income to Iowa activities.
taxesbusiness & regulatory
State v. Ivory
Supreme Court of Iowa · 1976-11-17 · cited 6×
In State v. Ivory, defendant Janice Ivory was charged and convicted by a jury of delivering heroin in violation of Iowa Code section 204.401(1), based primarily on testimony from an undercover police agent who claimed to have purchased the drug from Ivory and her husband. Ivory appealed, arguing that the trial court improperly allowed the prosecution to cross-examine her about her prior drug use, exceeding the limits of Iowa Code section 781.13, which confines cross-examination to matters raised on direct examination, and that she was wrongly denied a post-trial accommodation hearing. The Iowa Supreme Court reversed the conviction, holding that the challenged questions were irrelevant to Ivory's ability to observe or recall events and fell outside the narrow scope of her direct testimony, which had only addressed the specific transaction and denied involvement. The court noted that evidence of general drug use did not tend to show impairment at the relevant time and thus should have been excluded. The accommodation hearing issue was addressed by directing that any retrial follow procedures from State v. Monroe.
criminal lawprocedure
State v. Lewis
Supreme Court of Iowa · 1976-05-19 · cited 25×
In State v. Lewis, defendant Ronald Lewis was charged and convicted by jury of breaking and entering the Dalbey Service Station with intent to commit larceny after police stopped his car hours after the crime and found items matching those stolen from the station, including wrenches and a box of cigarettes and candy. The Iowa Supreme Court affirmed the conviction, upholding the trial court's jury instruction that permitted an inference of guilt from unexplained possession of recently stolen property connected to a burglary. The court relied on precedent from State v. Mays holding such possession sufficient to support a breaking-and-entering conviction and rejected challenges to the instruction's constitutionality under due process standards. Concurring opinions agreed the inference could support a finding of guilt beyond a reasonable doubt when combined with other evidence but differed on whether the inference itself must meet that standard independently.
criminal lawprocedure
State v. Pilcher
Supreme Court of Iowa · 1976-05-19 · cited 73×
The case concerned defendant Robert Eugene Pilcher's conviction for sodomy under Iowa Code section 705.1 after an incident in which the complainant alleged she was forced at gunpoint and handcuffed to perform fellatio. Pilcher challenged the statute's constitutionality, arguing it exceeded police power, violated due process and equal protection, was vague and overbroad, invaded privacy rights, and imposed cruel punishment. The majority of the Iowa Supreme Court reversed the conviction, holding that the statute could not constitutionally prohibit private, consensual sexual conduct between adults because such conduct implicated a fundamental right to privacy. The court applied strict scrutiny and found no compelling state interest sufficient to uphold the law as applied to consenting adults, while the dissent argued that the U.S. Supreme Court's affirmance of similar statutes established only a rational-basis review and that the law remained valid.
criminal lawcivil rights
Rush v. Sioux City
Supreme Court of Iowa · 1976-03-17 · cited 43×
This case arose from a 1968 rear-end collision in Sioux City, Iowa, where plaintiff Jack Rush, driving a bread truck, stopped abruptly to avoid a police squad car entering the intersection, causing defendant Bonnie Warren's Volkswagen to strike his vehicle from behind; Rush sued the city, officer Robert Bean, and Warren for personal injuries based on alleged negligence. The trial court dismissed the claims against the city for failure to provide timely written notice under chapter 613A of the Iowa Code and dismissed the claims against Warren following a settlement agreement, then entered judgment on a jury verdict in favor of Bean. On appeal, the Iowa Supreme Court affirmed the dismissals of the city and Warren but reversed as to Bean, holding that the trial court erred in refusing to submit to the jury issues regarding whether Bean was operating under an emergency assignment and whether he properly used the squad car's siren. The court remanded for a new trial limited to the claim against Bean.
proceduretorts & liability
Rinehart v. State
Supreme Court of Iowa · 1975-10-15 · cited 71×
This case is a postconviction challenge to a 1963 guilty plea to second-degree murder entered by then-15-year-old Michael Rinehart, who was sentenced to life imprisonment after a degree-of-guilt hearing. Rinehart sought to set aside the plea on grounds that it was not voluntary and understanding, that he received ineffective assistance of counsel, and that the sentencing judge improperly relied on ex parte information from psychiatrists about an alleged sodomy incident. After an evidentiary hearing, the trial court denied relief on the plea but reduced the sentence to 55 years; on appeal, the Iowa Supreme Court affirmed the denial of plea relief and reversed the sentence reduction, reinstating the life term. The court, conducting de novo review, concluded that the ex parte communications did not violate due process because the information was disclosed to counsel shortly after sentencing and had not been challenged in the prior direct appeal. The decision draws on federal precedents addressing the use of presentence information and disclosure requirements.
criminal lawprocedure
Kruse v. Bd. of Directors of Lamoni Community
Supreme Court of Iowa · 1975-07-31 · cited 8×
The case involved a teacher, Bonnie Kruse, who sued the Lamoni Community School District and its board after her continuing teaching contract was terminated, claiming the board failed to follow statutory procedures under Iowa Code section 279.13 and denied her due process and equal protection. The parties stipulated facts and sought adjudication of legal points, leading the trial court to dismiss the petition. On appeal, the Iowa Supreme Court held that the board's actions—sending timely written notice of termination, offering and holding a private conference with reasons provided afterward, and conducting a public hearing before final vote—sufficiently complied with the statute's requirements for notice, conference, hearing, and board vote. The court reasoned that these steps fulfilled the law's purpose of informing the teacher and allowing her opportunities to respond, rendering the board's final decision valid and barring her breach-of-contract claim.
labor & employmentprocedure
State v. Warner
Supreme Court of Iowa · 1975-05-21 · cited 34×
The case involved Wayne Lee Warner, who was charged in Iowa state court with attempting to break and enter a storage company with intent to commit larceny. After initially pleading not guilty, Warner withdrew that plea and entered a guilty plea following the trial court's questioning to confirm it was voluntary and intelligent, including inquiries about any threats, promises, or understandings related to a separate charge. He was sentenced to the maximum term of up to five years in the reformatory. On appeal, Warner challenged the plea as involuntary due to the court's failure to directly ask the prosecutor and defense counsel about any plea agreement, and he contested the sentence as excessive. The Iowa Supreme Court affirmed, holding that the trial court's personal examination of the defendant satisfied the requirements for determining voluntariness under prior precedents like State v. Sisco, that no plea agreement was indicated, and that the sentencing decision showed no abuse of discretion.
criminal lawprocedure
State v. Blyth
Supreme Court of Iowa · 1975-02-19 · cited 56×
The case involved multiple International Harvester dealers in Iowa who were indicted under section 553.1 of the Iowa Code for allegedly conspiring to fix prices on repair and replacement parts for farm equipment and trucks. Following three separate jury trials, some individual and corporate defendants were convicted while others were acquitted or had charges dismissed, leading to consolidated appeals challenging pretrial motions, the denial of directed verdicts, evidentiary rulings, and jury instructions. The Iowa Supreme Court affirmed the convictions, holding that the trial court did not err in its rulings on the motions or evidence and that the jury instructions accurately defined the offense of price-fixing conspiracy without prejudice to the defendants. The court reasoned that the instructions properly explained the elements of the statute and addressed potential misconceptions about intent, motive, and knowledge without improperly influencing the jury.
criminal lawbusiness & regulatory
City of Cedar Rapids v. Moses
Supreme Court of Iowa · 1974-11-13 · cited 19×
The case involved a lawsuit by the City of Cedar Rapids to recover damages to a police motorcycle after it collided with defendant Moses's car. The motorcycle officer, responding to an emergency, had crossed the center line into an oncoming lane to avoid traffic cones and struck Moses's vehicle as Moses made a left turn. The trial court instructed the jury that the officer was negligent as a matter of law for violating the statute requiring drivers to stay on the right side of the center line, and the jury returned a verdict for the defendant. The Iowa Supreme Court affirmed, holding that no statutory exemption for emergency vehicles permitted the officer's maneuver under the circumstances and that the question of negligence was properly resolved by the per se rule rather than submitted as a factual issue.
torts & liabilityprocedure
In Re the Marriage of Zoellner
Supreme Court of Iowa · 1974-06-26 · cited 32×
This case is an appeal by the wife from a trial court decree dissolving her marriage under Iowa Code chapter 598, focusing on disputes over property division, child custody and support, alimony, debt liability, and attorney fees. The Iowa Supreme Court affirmed the dissolution of the marriage, award of custody to the wife, no alimony, and most aspects of the property distribution, including sale of the family home and allocation of vehicles and household goods. It modified the decree to increase monthly child support from $250 to $400 per child (with later reductions) based on the parties' incomes, expenses, and the children's needs, while affirming the requirement that the wife pay mortgage installments until sale and remanding for entry of the modified decree.
family lawproperty
Green v. Shama
Supreme Court of Iowa · 1974-04-24 · cited 34×
This case was a declaratory judgment action brought by licensed Iowa barbers against licensed cosmetologists who cut adult men's hair and advertised those services, seeking a ruling that state statutes (sections 157.1 and 158.2) restricting cosmetologists from such work were constitutional. The trial court ruled that the plaintiffs had standing, that the statutes were valid exercises of the state's police power, and that they did not violate Iowa's public accommodations law. On appeal, the Iowa Supreme Court affirmed, relying on evidence of physiological differences between men and women, distinct training requirements and sanitary standards for each profession, and the legislature's authority to regulate occupations for public health and safety. The court rejected claims that the licensing scheme forced unlawful discrimination or lacked a rational basis.
business & regulatorycivil rights
Mears v. Mears
Supreme Court of Iowa · 1973-12-19 · cited 81×
In Mears v. Mears, the plaintiff ex-wife sought to modify a 1968 child support order by increasing payments from $25 per week for the two minor children, citing the parties' remarriages, her loss of income, the children's increased needs as they aged, and the defendant's higher earnings. The trial court dismissed the application, and the Iowa Supreme Court affirmed. The court held that modification of support requires proof of a material and substantial change in circumstances since the prior decree, and found no such change here because the cited factors were natural occurrences within the contemplation of the court at the time of the 1968 order. The decision also noted that the plaintiff's new husband stood in loco parentis to the children and bore responsibility for their support if needed.
family law
State Ex Rel. Turner v. Younker Brothers, Inc.
Supreme Court of Iowa · 1973-09-19 · cited 45×
The case concerned whether Younker Brothers' revolving charge accounts and retail installment contracts for merchandise sales violated Iowa usury laws by imposing annual finance charges of 18% and 16.25%, respectively, which exceeded the statutory maximum. The court held that both types of agreements were usurious under sections 535.4 and 535.2 because the finance charges qualified as interest on contracts for the sale of property, defined as compensation for the use or forbearance of money. It reasoned that the charges applied to unpaid balances after the initial 30-day period or over installment terms, triggering the 9% cap, while prior precedents barred recovery of any usurious interest already paid. The court therefore directed a permanent injunction against future excessive charges but affirmed the denial of class-action status and any constructive trust or refunds for past payments.
business & regulatoryprocedure
Dolezal v. City of Cedar Rapids
Supreme Court of Iowa · 1973-07-03 · cited 19×
The case involved landowners Frank and Anna Dolezal appealing a low condemnation award for a clearance easement and obstruction lighting rights over 45 acres of their farmland adjacent to the Cedar Rapids airport, which the city sought to improve aircraft safety without acquiring flight rights. After a jury awarded $46,500 in damages—far above the commissioners' $3,200 appraisal—the city appealed, claiming errors in admitting valuation evidence that assumed industrial rezoning potential and proximity benefits, plus the refusal of instructions distinguishing clearance easements from avigation easements. The Iowa Supreme Court affirmed the verdict, holding the testimony admissible as it reflected reasonably probable future uses and that the given instructions sufficiently covered the easement's scope without needing the requested additions. A dissent argued for reversal due to inadequate jury guidance on the easement's limited nature.
propertyprocedure
Pose v. ROOSEVELT HOTEL COMAPNY
Supreme Court of Iowa · 1973-05-23 · cited 33×
This case involved a lawsuit under Iowa's Dramshop Act (Code § 123.95) by the estate and family of Robert Lee Pose, Jr., who died from injuries in a 1969 car accident caused by Donald Williams. Plaintiffs alleged that defendants Roosevelt Hotel Company and First Avenue Company sold or served intoxicating liquor to Williams while he was intoxicated or to the point of intoxication, making them liable for damages. After a jury verdict for the defendants, the trial court overruled plaintiffs' motion for a new trial, and the Iowa Supreme Court affirmed. The court held that the jury instructions were correct in requiring plaintiffs to prove by a preponderance of the evidence that the liquor served by defendants was a proximate cause of Williams' intoxication at the time of the collision, and that this burden was consistent with the statute even though it imposes strict liability. The majority rejected arguments that the instructions improperly imposed common-law proximate cause requirements or that the statute eliminated any need to link the defendants' sales to the intoxication at the time of the accident.
torts & liabilityprocedure