A Defendant’s sentence has been reversed and remanded by the Iowa Court of Appeals. When sentencing for willful injury causing bodily injury, the judge referenced that the Defendant “almost killed” the victim. However, the Defendant never admitted that was his intent nor was there evidence such was the case. The court de facto sentenced the …
Category: Legal
In reversing several convictions of a Defendant, the Iowa Court of Appeals has held that psilocybin is different from psilocyn, so if charged with one, proof of the other is insufficient for conviction. Further, when it comes to a firearms charge, the allowable unit of prosecution is each incident of firearm possession, or the number …
Understanding Impaired Driving: Decoding OWI, DUI, and DWI
Understanding OWI, DUI, and DWI: What Do They Mean? – Exploring the differences and legal implications of OWI, DUI, and DWI across different states and the importance of seeking legal assistance when facing charges. Introduction: Understanding OWI, DUI, and DWI Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are …
U.S. Supreme Court discusses the mens rea/scienter requirements when interpreting criminal statutes and formulating proper jury instructions. https://www.law.cornell.edu/supremecourt/text/20-1410#writing-20-1410_SYLLABUS …
Constitutional Overbreadth and 1st amendment
Interesting case regarding constitutional overbreadth and the 1st amendment https://www.law.cornell.edu/supremecourt/text/22-179#writing-22-179_OPINION_4 …
Interesting decision by the U.S. Supreme Court on criminal harassment and the 1st amendment calls into question the validity of many state harassment statutes, and their enforcement/prosecution, and the standards required to pass constitutional muster. https://www.law.cornell.edu/supremecourt/text/22-138#writing-22-138_OPINION_4 …
How Does Bail Work in Iowa?
Understanding how bail works in Iowa can help you or a loved one be prepared so that you can ensure a speedy release after arrest. What is bail? Bail is the amount of money you must pay to be released from jail while your case is pending. By posting bail, you are agreeing to appear …
Iowa Educator Acquitted of Child Endangerment Charge
Iowa Educator Acquitted of Child Endangerment Charge Imperfect parenting isn’t necessarily a crime. There is a huge difference between merely creating a risk or potential risk of harm vs. KNOWINGLY creating a SUBSTANTIAL risk of harm, the latter being the standard the law requires. https://www.newsbreak.com/news/3103788863436-jury-acquits-former-iowa-educator-charged-after-he-left-child-home-alone?_f=app_share&s=i4&pd=0CFqeUWA&lang=en_US&send_time=1690508651&trans_data=%7B%22platform%22%3A0%2C%22cv%22%3A%2223.28.0.32%22%2C%22languages%22%3A%22en%22%7D&fbclid=IwAR3aI6DcHTyUEBAiPOYFSoikvX1eJ1z2UTzDzxi34hlxymnkANjNzXLo850 …
New TRL Law regarding Eluding
As of July 1, 2023, some of those convicted of eluding now will be eligible for work permits. However, those who are deemed habitual violators, with one of the convictions being eluding, will not be eligible. https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:78b1999e-cfc0-39ab-b35a-86120c8509ce …
Iowa Supreme Court holds that the 6th Amendment requires a jury to find facts that increase or decrease punishment, if such would be punitive/punishment as part of a criminal case. $150,000 restitution in a death case is punitive, and as such, requires a specific finding that the Defendant caused the death if there is an …
New Legislation 2021
Legislative update for 2021. Click here to review some new laws that went into effect in 2021 …
Takings Clause – Government May Not Require Trespass by Regulation
The U.S. Supreme Court has held that a regulation requiring a property owner to allow others to access his property is a per se physical taking and trespass and gives rise to compensable claim for a taking under the takings clause of the 5th and 14th amendments to the U.S. Constitution. Read the case here …