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 …
Category: Legal
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 …
Supreme Court Limits Broad Reading of Computer Fraud and Abuse Act
During Nathan Van Buren’s time as a police sergeant, he made a deal with a man, Albo. In exchange for $5,000, Van Buren would use the law enforcement computer database to search for a license plate number given to him by Albo. The FBI charged Van Buren with felony violations of the Computer Fraud and …
U.S. Supreme Court Turns Away Loss of Gun Rights Cases
https://www.jurist.org/news/2021/04/us-supreme-court-turns-away-firearms-cases/ …
New Laws
See the link below for bills signed into law in 2021 by the governor, as well as bills under consideration New Laws …