W. Ward Reynoldson

This case involved real estate agents who purchased a franchise from Iowa-Nebraska Partners Real Estate, Inc., after being assured that the franchisor would not solicit additional franchises in their area, only to later discover competition from another franchisee using a similar name. The plaintiffs sued for fraudulent and negligent misrepresentation, seeking damages and rescission of the franchise agreement. A jury awarded them $40,579 in damages, and the trial court also granted rescission while finding the verdict covered all losses including franchise fees. The Iowa Supreme Court affirmed the trial court's judgments and vacated the court of appeals reversal, holding that the evidence supported the jury's finding of knowing fraudulent misrepresentation that induced the contract, making submission of the negligent misrepresentation claim harmless error.

business & regulatorytorts & liability

The case concerned judicial review of a local human relations commission's final decision finding that a school district had engaged in age discrimination in employment. After the district appealed to district court and sought to introduce a transcript of the commission's deliberative meeting plus depositions of attendees to probe alleged bias, the district court granted those requests. The Iowa Supreme Court reversed on interlocutory appeal, ruling that under the Iowa Administrative Procedure Act the transcript of agency deliberations was not part of the contested-case record and that the district court lacked authority to order additional evidence or discovery on bias issues, which must instead be addressed first by the agency itself. The matter was remanded for further proceedings consistent with that holding.

procedure

This case involves an attorney disciplinary proceeding against John J. Cody, Jr., who pleaded guilty to two counts of theft in the third degree for issuing insufficient funds checks in connection with his business operations. The Iowa Supreme Court, upon de novo review, found that Cody violated several provisions of the Iowa Code of Professional Responsibility for Lawyers, including rules against illegal conduct involving moral turpitude and conduct involving dishonesty. The court decided to suspend Cody's license to practice law indefinitely, with no eligibility for reinstatement for at least two and a half years from the date of his temporary suspension in December 1985. The core reasoning is that the guilty plea established the misconduct, which reflects on his fitness to practice law, and that prior exemplary conduct and community involvement do not mitigate the need to uphold professional ethics and deter similar behavior.

criminal law

This case involved Iowa’s disclaimer of succession statute and whether a surviving joint tenant could validly disclaim his survivorship interest in real property acquired decades earlier to avoid inheritance tax. The district court ruled the disclaimer untimely because it was not filed within nine months of the joint tenancy’s creation and was barred by acceptance of benefits. The Iowa Supreme Court reversed, holding that the statutory nine-month period begins upon the death of the other joint tenant rather than at the original transfer creating the tenancy, and that the survivor’s prior use of the property and post-death possession as life tenant did not constitute acceptance of the disclaimed remainder interest.

taxespropertyprocedure

This case involved a dispute in a marital dissolution proceeding over whether a father remained obligated to pay temporary child support that had accrued before the final divorce decree. The father sought a declaratory judgment claiming the obligation was unenforceable due to a court rule dismissal of the case and a release provision in the stipulation incorporated into the decree. The Iowa Supreme Court held that the temporary support obligation accrued before the dismissal remained enforceable despite the later dismissal and reinstatement, but that the release language in the decree relieved the father of liability for the accrued amounts up to the decree date. The court's reasoning relied on statutory interpretation and precedent indicating that dismissals do not erase prior accrued obligations, while construing the decree's intent to release prior debts.

family lawprocedure

The case involved judicial review of the Iowa Department of Job Service's denial of unemployment benefits to Deloma Norland, who had refused a temporary job offer from her prior employer after a medical leave of absence. The department determined that the offered work was suitable under Iowa Code section 96.5(3) because it matched her prior role in duties, wages, and location, with no health risks, and that she lacked good cause for refusal solely due to its temporary nature. The district court upheld the denial after earlier procedural issues were resolved on appeal, and the Iowa Supreme Court affirmed, finding the agency's findings and conclusions conformed to statutory requirements, properly assigned the burden of proof, and were supported by substantial evidence without being arbitrary or capricious. The court reviewed the matter under the Iowa Administrative Procedure Act, focusing on the suitability factors in the code and administrative rules.

labor & employmentprocedure

This case involved a contempt proceeding arising from a prior lawsuit in which a chiropractic student, Michael Harvey, obtained an injunction requiring Palmer College to issue him a Doctor of Chiropractic degree dated December 13, 1980. Palmer issued the degree but added language noting it was issued in 1986 pursuant to the court order; Harvey claimed this violated the injunction, and the trial court found Palmer in willful contempt and imposed a $500-per-day fine running both retrospectively and prospectively until compliance. On certiorari review, the Iowa Supreme Court upheld the contempt finding, concluding the added language was a clear, intentional violation of the decree supported by proof beyond a reasonable doubt, but held the penalty illegal because Iowa Code section 665.4 limits fines for a single continuous contempt to $500 and does not authorize daily prospective sanctions. The court sustained the writ in part, annulled it in part, and remanded for further proceedings on an appropriate penalty.

procedure

In State v. Swaim, the defendant was convicted of second-degree burglary after police searches of a garage, residence, and safe deposit box turned up evidence linking him to the theft of weapons from a sporting goods store, followed by a jailhouse confession. The Iowa Supreme Court affirmed the trial court's denial of the motion to suppress the physical evidence, holding that the warrants were supported by probable cause under the totality-of-the-circumstances test and Iowa Code section 808.3. It reversed the conviction on the confession, however, ruling that the defendant had invoked his Sixth Amendment right to counsel and did not initiate further discussions with police, so the subsequent interrogation and waiver violated Edwards v. Arizona. The case was remanded for a new trial excluding the confession.

criminal lawprocedurecivil rights

This case involved disciplinary proceedings against attorney Paul B. Rosene for delays in closing two probate estates and failing to respond to inquiries from the Committee on Professional Ethics and Conduct. The Grievance Commission found violations of multiple rules in the Iowa Code of Professional Responsibility for Lawyers, including neglect of legal matters and conduct reflecting poorly on his fitness to practice. Upon review, the Iowa Supreme Court agreed with these findings and suspended Rosene's law license for three months, citing his dilatory handling of the estates, failure to cure delinquencies, and lack of cooperation with the investigation.

procedure

The case involved defendant Bobby Gene Sykes appealing his conviction for possession with intent to deliver a controlled substance (marijuana) under Iowa Code section 204.401(1)(b). Sykes challenged the issuance and execution of a search warrant based on informant tips, controlled drug buys, and surveillance over several months; the validity of his arrest and incident search; the admission of expert testimony on drug dealer methods; and the sufficiency of evidence to prove intent to deliver rather than personal use. The Iowa Supreme Court affirmed the conviction, holding that the warrant was supported by probable cause under the totality of the circumstances, the searches of the residence, garages, and vehicles were proper, the expert testimony was admissible, and substantial evidence supported the jury's verdict on intent to deliver. The court found no merit in the other assignments of error raised by the defendant.

criminal lawprocedure

In State v. Coker, an indigent defendant was convicted of first-degree robbery and unauthorized possession of an offensive weapon after the trial court denied his pretrial requests for appointment of an expert witness at public expense to support an intoxication defense and for a continuance to retain such an expert. The Iowa Supreme Court reversed the convictions, vacated the court of appeals decision affirming them, and remanded for a new trial. The court held that Iowa Rule of Criminal Procedure 19(4) required the appointment because the defendant demonstrated the expert services were necessary for an adequate defense, as the expert could assess his history of substance abuse and ability to form specific intent, thereby safeguarding his due process rights to prepare and present a defense.

criminal lawprocedure

In Klaes v. Scholl, James Klaes obtained a $16,000 judgment against Harvey Scholl for assault and battery, levied on Scholl's truck-tractor, and had it sold at a sheriff's sale while the case was on appeal. After the judgment was reversed and remanded, Scholl sought restitution under Iowa Code section 686.15 for the value of the truck. The district court awarded damages based on the truck's market value at the time of the sale, exceeding the amount Klaes received from the sale. Klaes appealed, contending that restitution should be limited to the sale proceeds plus interest and costs, but the Iowa Supreme Court affirmed the award. The court held that the statute's reference to restoring the property "or its value" means market value at the time of sale, consistent with prior precedent interpreting the provision to compensate the owner fully when the property cannot be returned.

proceduretorts & liability

In Bell v. City of Des Moines, the plaintiffs sought a court order to perpetuate testimony and preserve raw videotape footage from WHO-TV of a 1986 suicide incident, intending to use it as evidence in a potential civil suit against the city regarding police officers' handling of the event. The district court ordered the station to produce the footage for review and copying, but WHO-TV appealed, asserting a qualified reporter's privilege. The Iowa Supreme Court reversed the production order, holding that the raw footage obtained in the news-gathering process was presumptively privileged under the test from Lamberto v. Bown. The court found that the plaintiffs failed to present evidence showing the footage was necessary to their claims or unavailable from less intrusive sources, as required to overcome the privilege. The portion of the order requiring preservation of the tape was left undisturbed.

free speechprocedure

This case involved the Iowa Department of Human Services seeking reimbursement from the conservatorship of a minor, Sally Ann Bolle, for $24,198.14 in medical expenses paid under the state's Medical Assistance Act after the child was injured by a car in Florida. DHS claimed subrogation rights under Iowa Code section 249A.6 against the proceeds of a $200,000 personal injury judgment obtained on Sally's behalf, but the Florida verdict and judgment explicitly excluded any recovery for medical expenses because the parents had withdrawn their claims to avoid a negligence defense. The district court denied the claim, and the Iowa Supreme Court affirmed, holding that the statute limits subrogation to monetary claims the recipient actually had against third parties for medical care or expenses, which were absent here, and that common law does not require recipients to reimburse the state absent specific statutory authority.

healthcaretorts & liabilityprocedure

The case involved disciplinary proceedings against Iowa attorney Carl H. Miller for neglecting two probate estates (one opened in 1981 and another in 1985) and failing to respond to multiple inquiries from the Committee on Professional Ethics and Conduct despite notices of delinquency from the court clerk. All allegations were admitted at the hearing, where Miller acknowledged his inability to handle the matters but offered no excuse tied to his alcoholism. The Iowa Supreme Court agreed with the grievance commission that these actions violated multiple provisions of the Code of Professional Responsibility, including rules on neglect, incompetence, and failure to cooperate with investigations. As a result, the court ordered an indefinite suspension of Miller's license with no possibility of reinstatement for at least three months, applicable to all aspects of legal practice.

procedure

In Schreiner v. Scoville, a named beneficiary under a will and codicil sued the drafting attorney for negligence, alleging that the lawyer's failure to advise the testator or redraft instruments after a partition sale of devised real estate caused the bequest to adeem and pass instead to residuary beneficiaries. The district court dismissed the petition for failure to state a claim, holding that no attorney-client or special relationship created a duty of care to the non-client plaintiff. The Iowa Supreme Court reversed, holding that the allegations sufficiently stated a claim because the will, codicil, and partition action were closely interrelated in time and subject matter, all handled by the same lawyer who knew the testator's intent, allowing potential liability to an intended beneficiary when the lawyer concedes negligence or the facts show direct involvement without privity barriers.

torts & liabilityproperty

The case concerned a 1984 Iowa statute (House File 2472, section 7) that removed judicial magistrates' jurisdiction over first-offense violations of operating a motor vehicle while intoxicated. The district court ruled this provision unconstitutional under the Iowa Constitution's single-subject and title requirements (article III, section 29). The Iowa Supreme Court affirmed, holding that the provision violated the title requirement because the act's title gave no notice that it addressed magistrates' jurisdiction over drunk-driving cases and was unrelated to other matters mentioned in the title. The court struck only that portion of the act while leaving the remainder intact.

criminal lawprocedure

This case arose from a high-speed chase and collision in which an intoxicated driver, Ronald Clark, who had purchased beer from Western Convenience Stores while visibly drunk, crashed into a police car driven by Officer Rickie Gail, causing severe injuries. Gail and his family sued Western under Iowa's dramshop law for negligence in selling alcohol, along with claims for loss of consortium by his wife and children; the store defended on grounds including the fireman's rule, assumption of risk, and challenges to damages and evidence. The district court denied summary judgment and directed verdict motions, the jury awarded over $1.2 million in damages, and the Iowa Supreme Court affirmed the judgment. The court held that the fireman's rule did not bar recovery because Gail's presence resulted from the ongoing chase rather than the initial sale of alcohol, found no trial errors in instructions, evidence rulings, or consortium claims, and determined the damages were supported by evidence of medical costs, lost wages, pain and suffering, and disability.

torts & liabilityprocedure

In State v. Wagner, the defendant was convicted following a jury trial of eight counts of second-degree kidnapping and one count of insurrection arising from his role in a 1981 prison uprising at the Iowa State Penitentiary, during which guards were held hostage. The Iowa Supreme Court affirmed the convictions, finding no merit in claims regarding preaccusatorial delay, change of venue, and other trial errors, as the delay was not intended to disadvantage the defendant and publicity did not presume prejudice. However, the court reversed the restitution order and remanded the case because the defendant was not afforded an opportunity to challenge the plan requiring payment of over $1.3 million in damages and other costs.

criminal lawprocedure

In State v. Misner, defendant Tomie Lee Misner was convicted after a jury trial of seven counts of second-degree kidnapping, one count of insurrection, and one count of assault while participating in a felony, arising from his participation in a 1986 inmate uprising at the Iowa State Penitentiary in which guards were taken hostage at knifepoint and confined during demands made to prison officials. On appeal, Misner challenged the substitution of the trial judge mid-trial due to illness, the sufficiency of the evidence supporting the kidnapping convictions on the ground that any confinement was merely incidental to the other offenses, and the sufficiency of the evidence and constitutionality of the insurrection conviction. The Iowa Supreme Court affirmed the convictions, holding that the judge substitution complied with Iowa Rule of Criminal Procedure 18(7)(b)(1) without prejudice to the defendant, that substantial evidence showed the confinement or movement of the officers was not incidental to the assault or insurrection, and that the evidence supported a finding that three or more persons acted in concert for the insurrection charge.

criminal lawprocedure