Iowa high court issues coronavirus order
The Iowa Supreme Court has issued an order to limit the spread of coronavirus in the execution of the court's duties. Find out how it wi
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Nov 16, 2019
- 2 min
Iowa high court: Jail fees not subject to ability to pay
The Iowa Supreme Court decided Gross, holding that the Sheriff can seek jail fees via civil judgment to avoid an ability-to-pay hearing.
David A. Cmelik Law PLC
- Oct 20, 2019
- 4 min
Immigration status can inform sentencing, rules Iowa high court
Justice Mansfield writes in Valdez that sentencing courts can consider how immigration status affects other sentencing factors and thus immi
David A. Cmelik Law PLC
- Feb 9, 2019
- 3 min
Police garage not "detention" for right to phone call
Iowa high court decides sobriety testing in patrol car sally port, or, garage, is not "place of detention" to trigger right to a p
David A. Cmelik Law PLC
- Dec 14, 2018
- 2 min
Iowa High Court: Future crime objection too late
Defendant in Gordon claimed due process violation when sentencing judge considered so-called sex abuse risk assessments like the STATIC99R a
David A. Cmelik Law PLC
- Dec 13, 2018
- 2 min
Iowa's High Court: Eluder must pay for PIT maneuver damage to police cars
Iowa Supreme Court rejects eluder's objection to restitution to pay for damages to police cars he says were damaged by their own actions
David A. Cmelik Law PLC
- Oct 30, 2018
- 3 min
High Court: Iowa DOT officers cannot make "citizen's arrest"
State's argument that DOT vehicle enforcement officers could, before amendment to statute, conduct traffic stops and make arrests falls
David A. Cmelik Law PLC
- Oct 22, 2018
- 2 min
Iowa Supreme Court overturns 3X habitual offender drunk driver sentence calling it illegal
In Noll, Iowa Supreme Court reverses 3X third offender OWI sentence reserved for habitual felons holding habitual felon statute does not app
David A. Cmelik Law PLC
- Oct 19, 2018
- 3 min
Iowa Supreme Court orders new corporal punishment trial
The Iowa Supreme Court today in State v. Benson ordered a new trial in a corporal punishment case holding the trial judge’s instructions con
David A. Cmelik Law PLC
- Oct 12, 2018
- 2 min
Respect the van: high court reverses OWI conviction, tosses evidence
Iowa Supreme Court reverses OWI (DUI) conviction after police stop a van driver who was merely related to someone suspected of ditching a ca
David A. Cmelik Law PLC
- Sep 26, 2018
- 3 min
Iowa Supreme Court: Allegedly false reports after guilty verdict discoverable in bid for new sex abu
Iowa Supreme Court holds that allegedly false sex abuse claims following a jury verdict of guilty are nevertheless discoverable in bid for n
David A. Cmelik Law PLC
- Aug 24, 2018
- 3 min
Supreme Court overturns order freezing criminal defendant's assets
Iowa Supreme Court overturns asset freeze order, grants new trial in attempted murder case, directs that court allow defendant access to his
David A. Cmelik Law PLC
- Feb 16, 2018
- 4 min
Double jeopardy: 'accidental' probationer gets 4 years credit against corrected prison
In State v. Scott Jepsen, the Iowa Supreme Court reversed and remanded with directions to give an inmate credit for four years he mistakenly
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