David A. Cmelik Law PLCMar 16, 20202 minIowa high court issues coronavirus orderThe 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
David A. Cmelik Law PLCNov 16, 20192 minIowa high court: Jail fees not subject to ability to payThe 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 PLCOct 20, 20194 minImmigration status can inform sentencing, rules Iowa high courtJustice Mansfield writes in Valdez that sentencing courts can consider how immigration status affects other sentencing factors and thus immi
David A. Cmelik Law PLCFeb 9, 20193 minPolice garage not "detention" for right to phone callIowa 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 PLCDec 14, 20182 minIowa High Court: Future crime objection too lateDefendant in Gordon claimed due process violation when sentencing judge considered so-called sex abuse risk assessments like the STATIC99R a
David A. Cmelik Law PLCDec 13, 20182 minIowa's High Court: Eluder must pay for PIT maneuver damage to police carsIowa 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 PLCOct 30, 20183 minHigh 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 PLCOct 22, 20182 minIowa Supreme Court overturns 3X habitual offender drunk driver sentence calling it illegalIn 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 PLCOct 19, 20183 minIowa Supreme Court orders new corporal punishment trialThe 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 PLCOct 12, 20182 minRespect the van: high court reverses OWI conviction, tosses evidenceIowa 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 PLCSep 26, 20183 minIowa Supreme Court: Allegedly false reports after guilty verdict discoverable in bid for new sex abuIowa 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 PLCAug 24, 20183 minSupreme Court overturns order freezing criminal defendant's assetsIowa 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 PLCFeb 16, 20184 minDouble jeopardy: 'accidental' probationer gets 4 years credit against corrected prisonIn State v. Scott Jepsen, the Iowa Supreme Court reversed and remanded with directions to give an inmate credit for four years he mistakenly