known right privilege (Iowa) · Go Syfert
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known right privilege in Iowa

33 Iowa opinions name it 2 courts 1969–2025 3 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Johnson v. Zerbstgreen
scotus · 1938 · cited in 27 Iowa opinions naming this issue, 1969–2025
2 sentences

2025Those principles preclude a finding that Cole waived his current Second Amendment challenge.13 “A waiver is . . . an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938).

2025Those principles preclude a finding that Cole waived his current Second Amendment challenge.13 “A waiver is . . . an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938).

1627
Brewer v. Williamsgreen
scotus · 1977 · cited in 3 Iowa opinions naming this issue, 1982–1986
2 sentences

1986Instead, the State has a heavy burden to prove “an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938); see Williams, 430 U.S. at 404 , 97 S.Ct. at 1242 , 51 L.Ed.2d at 439 .

1986Instead, the State has a heavy burden to prove “an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938); see Williams, 430 U.S. at 404 , 97 S.Ct. at 1242 , 51 L.Ed.2d at 439 .

23
State v. McClellandgreen
iowa · 1969 · cited in 3 Iowa opinions naming this issue, 1971–1972
2 sentences

1972State v. McClelland, 164 N.W.2d 189, 195 (Iowa 1969).

1971State v. McClelland, 164 N.W.2d 189, 195 , (Iowa 1969).

23
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 4 Iowa opinions naming this issue, 2017–2022
2 sentences

2022Likewise, the Court rejected the argument Hauge makes here that consent to search should be treated like a waiver of a trial right, as the right to counsel was treated in Johnson v. Zerbst, 304 U.S. 458, 464 (1938), in which the Supreme Court held the waiver of that right requires the State to demonstrate “an intentional relinquishment or abandonment of a known right or privilege.” Schneckloth, 412 U.S. at 243–45.

2022The Court frankly proclaimed, “Nothing, either in the purposes behind requiring a ‘knowing’ and ‘intelligent’ waiver of trial rights, or in the practical application of such a requirement suggests that it ought to be extended to the constitutional guarantee against unreasonable searches and seizures” because the protections of the Fourth Amendment “have nothing whatever to do with promoting the fair ascertainment of truth at a criminal trial.” Id. at 241, 242.

14
State of Iowa v. Deyawna Leanett Taylorgreen
iowa · 2016 · cited in 2 Iowa opinions naming this issue, 2016–2021
2 sentences

2021“In order to show waiver, there must be a showing of ‘an intentional relinquishment or abandonment of a known right or privilege.’” State v. Taylor, 881 N.W.2d 72, 78 (Iowa 2016) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)). “[T]o waive speedy trial rights, the defendant must do so knowingly and intelligently.” Id. at 79.

2016“In order to show waiver, there must be a showing of ‘an intentional relinquishment or abandonment of a known right or privilege.’” Taylor, 881 N.W.2d at 78 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)).

12
State v. Gorhamgreen
iowa · 1973 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016In order to show waiver, there must be a showing of “an intentional relinquishment or abandonment of a known right or privilege.” Id. (quoting Zerbst, 304 U.S. at 464 , 58 S. Ct. at 1023 , 82 L.

2016See Gorham, 206 N.W.2d at 911 , In order to show waiver, there must be a showing of “an intentional relinquishment or abandonment of a known right or privilege.” Id. (quoting Zerbst, 304 U.S. at 464 , 58 S.Ct. at 1023 , 82 L.Ed. at 1466 ).

12
Department of Health v. Donahuegreen
colo · 1984 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014Waiver is defined as the “intentional relinquishment of a known right or privilege.” Dep’t of Health v. Donahue, 690 P.2d 243, 247 (Colo. 1984).

11
McCarthy v. United Statesgreen
scotus · 1969 · cited in 1 Iowa opinions naming this issue, 2013–2013
2 sentences

2013The McCarthy Court noted that under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938), constitutional rights may be waived only when there is an “intentional relinquishment or abandonment of a known right or privilege.” McCarthy, 394 U.S. at 466 , 89 S.Ct. at 1170 , 22 L.Ed.2d at 425 (internal quotation marks omitted).

2013The McCarthy Court noted that under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938), constitutional rights may be waived only when there is an “intentional relinquishment or abandonment of a known right or privilege.” McCarthy, 394 U.S. at 466 , 89 S.Ct. at 1170 , 22 L.Ed.2d at 425 (internal quotation marks omitted).

11
State v. Hilpipregreen
iowa · 1976 · cited in 1 Iowa opinions naming this issue, 2013–2013
1 sentence

2013The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused. 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 68 L.Ed. 1461 , 1466 (1938) (footnotes omitted); see also State v. Hilpipre, 242 N.W.2d 306, 309 (Iowa 1976) (“It is well settled an individual may legally waive his or her constitutional rights.

11
State v. Johnsongreen
iowa · 1982 · cited in 1 Iowa opinions naming this issue, 1987–1987
1 sentence

1987Nelsen, 390 N.W.2d at 592 (citing Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)); State v. Johnson, 318 N.W.2d 417, 435 (Iowa), cert. denied, 459 U.S. 848 , 103 S.Ct. 106 , 74 L.Ed.2d 95 (1982).

11
State v. Fettersgreen
iowa · 1972 · cited in 1 Iowa opinions naming this issue, 1983–1983
1 sentence

1983Waiver is “an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938); State v. Fetters, 202 N.W.2d 84, 89 (Iowa 1972); accord Iowa Grain v. Farmers Grain & Feed Go., 293 N.W.2d 22, 25 (Iowa 1980).

11
Iowa Grain v. Farmers Grain and Feed Co., Inc.green
iowa · 1980 · cited in 1 Iowa opinions naming this issue, 1983–1983
1 sentence

1983Waiver is “an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938); State v. Fetters, 202 N.W.2d 84, 89 (Iowa 1972); accord Iowa Grain v. Farmers Grain & Feed Go., 293 N.W.2d 22, 25 (Iowa 1980).

11
State v. Reppertgreen
iowa · 1974 · cited in 1 Iowa opinions naming this issue, 1976–1976
1 sentence

1976We also recognized for this waiver to be valid under the Due Process Clause it must be “an intentional relinquishment or abandonment of a known right or privilege.” A similar statement of principle was expressed in State v. Reppert, 215 N.W.2d 302, 304 (Iowa 1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Nelsen green
iowa · 1986
2 sentences

2003Rather, the State bears a heavy burden to show “an intentional relinquishment or abandonment of a known right or privilege.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938); Nelsen, 390 N.W.2d at 592 .

1987Nelsen, 390 N.W.2d at 592 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)).

31987–2003
Gadomski v. Common Pleas Court of Pennsylvania green
scotus · 1982
1 sentence

1987Nelsen, 390 N.W.2d at 592 (citing Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)); State v. Johnson, 318 N.W.2d 417, 435 (Iowa), cert. denied, 459 U.S. 848 , 103 S.Ct. 106 , 74 L.Ed.2d 95 (1982).

11987–1987
Hazeem v. United States green
scotus · 1982
1 sentence

1987Nelsen, 390 N.W.2d at 592 (citing Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)); State v. Johnson, 318 N.W.2d 417, 435 (Iowa), cert. denied, 459 U.S. 848 , 103 S.Ct. 106 , 74 L.Ed.2d 95 (1982).

11987–1987
Veteto v. Payne green
scotus · 1982
1 sentence

1987Nelsen, 390 N.W.2d at 592 (citing Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)); State v. Johnson, 318 N.W.2d 417, 435 (Iowa), cert. denied, 459 U.S. 848 , 103 S.Ct. 106 , 74 L.Ed.2d 95 (1982).

11987–1987
Edwards v. Arizona green
scotus · 1981
2 sentences

1985In addition to being voluntary, the waiver must: ... constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege, a matter which depends in each case “upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Edwards v. Arizona, 451 U.S. at 482 , 101 S.Ct. at 1884 , 68 L.Ed.2d at 385 .

1985In addition to being voluntary, the waiver must: ... constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege, a matter which depends in each case “upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Edwards v. Arizona, 451 U.S. at 482 , 101 S.Ct. at 1884 , 68 L.Ed.2d at 385 .

11985–1985
State v. Karston green
iowa · 1955
2 sentences

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

11970–1970
People v. Marsh green
michctapp · 1969
2 sentences

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

11970–1970
Babb's, Inc. v. Babb green
iowa · 1969
2 sentences

1970R. 357; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich. App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

11970–1970
Broadbent v. Hegge green
wis · 1969
2 sentences

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

1970Waiver has often been defined in this regard as "an intentional relinquishment of or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , 146 A.L.R. 357 ; State v. Karston, 247 Iowa 32 , 72 N.W.2d 463 ; People v. Marsh, 14 Mich.App. 518 , 165 N.W.2d 853 (1968); Babbs, Inc. v. Babb, Iowa, 169 N.W.2d 211 (1969); Broadbent v. Hegge, 44 Wis.2d 719 , 172 N.W.2d 34 (1969).

11970–1970
Gloria Jean Narro v. United States green
ca5 · 1966
2 sentences

1969At page 301, 246 A.2d the court says: “And equally plain from Miranda is the flat holding at pages 475 and 479, 86 S.Ct. at pages 1628 and 1630, 16 L.Ed.2d that no evidence obtained as a result of a custodial interrogation can be used against an accused unless and until the prosecution demonstrates a waiver of constitutional rights within the meaning of Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 [ 146 A.L.R. 357 ], a case which holds that waiver of a fundamental constitutional right is ordinarily ‘an intentional relinquishment or abandonment of a known right or privilege’,

1969At page 301, 246 A.2d the court says: "And equally plain from Miranda is the flat holding at pages 475 and 479, 86 S.Ct. at pages 1628 and 1630, 16 L.Ed.2d that no evidence obtained as a result of a custodial interrogation can be used against an accused unless and until the prosecution demonstrates a waiver of constitutional rights within the meaning of Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 [ 146 A.L.R. 357 ], a case which holds that waiver of a fundamental constitutional right is ordinarily `an intentional relinquishment or abandonment of a known right or privilege',

11969–1969

Statutes the citing opinions construe

IA § Iowa Code § 321J.10 (3) IA § Iowa Code § 321J.6 (3) IA § Iowa Code § 321J.9 (3) IA § Iowa Code § 462A.13 (3) IA § Iowa Code § 462A.14 (3) IA § Iowa Code § 462A.14D (3) IA § Iowa Code § 462A.2 (3) IA § Iowa Code § 622.9 (3) IA § Iowa Code § 711.1 (3) IA § Iowa Code § 804.1 (3) IA § Iowa Code § 808.3 (3) IA § Iowa Code § 903.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 128 (1965–2026) CO 127 (1977–2026) TX 121 (1968–2024) CT 109 (1972–2025) MD 103 (1963–2026) CA 86 (1962–2026) OR 83 (1968–2026) PA 77 (1964–2025) OH 55 (1969–2026) VA 51 (1966–2026) MO 50 (1973–2024) WA 49 (1963–2026) GA 47 (1968–2022) TN 47 (1970–2026) NY 43 (1964–2025) FL 41 (1963–2026) DC 39 (1974–2024) MI 39 (1970–2021) IN 35 (1967–2023) WI 34 (1971–2026) MN 34 (1957–2026) AZ 34 (1965–2025) IA 33 (1969–2025) NJ 32 (1951–2026) MS 29 (1977–2021) NC 24 (1959–2026) RI 23 (1965–2026) NM 22 (1982–2016) KS 20 (1969–2024) ND 18 (1984–2025) WY 18 (1975–2023) LA 17 (1978–2016) ME 17 (1967–2018) AL 16 (1974–2010) AK 15 (1970–2023) MT 14 (1963–2025) OK 12 (1945–2002) DE 12 (1977–2025) NE 12 (1966–2025) WV 9 (1978–2019) KY 9 (1975–2024) MA 9 (1977–2018) SD 8 (1969–2016) ID 8 (1966–2023) AR 7 (1981–2010) VT 7 (1983–2017) NH 6 (1979–2018) VI 6 (1979–2026) UT 5 (1993–2021) HI 5 (1976–2018) SC 4 (1977–2008) NV 2 (1992–2008) PR 2 (1939–1981) GU 2 (1979–1979)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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