state due process clause (Iowa) · Go Syfert
← Iowa issues

state due process clause in Iowa

17 Iowa opinions name it 2 courts 1987–2026 1 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 (9)

CaseFollowedCited
State of Iowa v. Mark Aaron Thompsongreen
iowa · 2014 · cited in 3 Iowa opinions naming this issue, 2016–2016
2 sentences

2016In support of its argument for analyzing the state due process clause in an identical manner, the State argues there is a presumption in favor of upholding lawfully-obtained convictions, citing State v. Thompson. 856 N.W.2d 915, 920 (Iowa 2014) (noting that the principle of stare decisis respects prior precedent and does not require the court to overturn a case because it may have 19 reached a different outcome).

2016In support of its argument for analyzing the state due process clause in an identical manner, the State argues there is a presumption in favor of upholding lawfully-obtained' convictions, citing State v. Thompson, 856 N.W.2d 915, 920 (Iowa 2014) (noting that the principle of stare decisis respects prior precedent and does not require the court to overturn a case because it may have *756 reached a different outcome).

33
Gooch v. Iowa Department of Transportationgreen
iowa · 1987 · cited in 3 Iowa opinions naming this issue, 1989–2015
2 sentences

2015See Gooch v. Iowa Dep’t of Transp., 398 N.W.2d 845, 848 (Iowa 1987).

2015See Gooch v. Iowa Dep’t of Transp., 398 N.W.2d 845, 848 (Iowa 1987).

33
State v. Brueggergreen
iowa · 2009 · cited in 2 Iowa opinions naming this issue, 2010–2010
2 sentences

2010See generally State v. Bruegger, 773 N.W.2d 862 (Iowa 2009).

2010See generally State v. Bruegger, 773 N.W.2d 862 (Iowa 2009). 7 887 (Iowa 1996), and we are not confronted with conflicting statutory directives that must be harmonized or read in pari materia.

22
State of Iowa v. Tommy Tyler, Jr.green
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., State v. Tyler, 830 N.W.2d 288, 291 (Iowa 2013).

11
Davis v. Town of Southern Pinesgreen
ncctapp · 1994 · cited in 1 Iowa opinions naming this issue, 2018–2018
2 sentences

2018Ct. App. 2016) (finding that common-law false arrest provided a sufficiently analogous remedy to preclude a constitutional claim, even if such a false arrest claim might not succeed in the particular case); Davis v. Town of S. Pines , 116 N.C.App. 663 , 449 S.E.2d 240 , 248 (N.C.

2018Ct. App. 2016) (finding that common-law false arrest provided a sufficiently analogous remedy to preclude a constitutional claim, even if such a false arrest claim might not succeed in the particular case); Davis v. Town of S. Pines , 116 N.C.App. 663 , 449 S.E.2d 240 , 248 (N.C.

11
Sale v. State Highway & Public Works Commissiongreen
nc · 1955 · cited in 1 Iowa opinions naming this issue, 2018–2018
2 sentences

2018Works Comm'n , 242 N.C. 612 , 89 S.E.2d 290 , 297 (N.C. 1955) (recognizing a cause of action under the state due process clause); Adams v. City of Raleigh , 245 N.C.App. 330 , 782 S.E.2d 108 , 114-15 (N.C.

2018Works Comm'n , 242 N.C. 612 , 89 S.E.2d 290 , 297 (N.C. 1955) (recognizing a cause of action under the state due process clause); Adams v. City of Raleigh , 245 N.C.App. 330 , 782 S.E.2d 108 , 114-15 (N.C.

11
State v. Nailgreen
iowa · 2007 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See id.

11
State v. Minergreen
iowa · 1983 · cited in 1 Iowa opinions naming this issue, 2000–2000
2 sentences

2000See State v. Miner, 331 N.W.2d 683, 688 (Iowa 1983).

2000See State v. Miner, 331 N.W.2d 683, 688 (Iowa 1983).

11
Howe v. United Parcel Service, Inc.green
iasd · 1974 · cited in 1 Iowa opinions naming this issue, 1997–1997
1 sentence

1997In Jensen we said this point is reached: (1) where a state acts directly through its officer or agent; (2) where the state acts in conjunction with business in a profit-making field; (3) where the state by its actions (or inaction) encourages or creates an atmosphere in which private citizens deprive others of their constitutional rights; (4) where the state affirmatively orders or approves the action in the course of its regulatory rule-making; and (5) where functions traditionally performed by the state are delegated to or performed by private interests. *409 275 N.W.2d at 385 (quoting Howe

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 (7)

CaseCitedYears
Sudduth v. State green
iowactapp · 2017
1 sentence

2026Sudduth, 2017 WL 1278239, at *2 . 7 Because the Rhoades case falls squarely within the class of cases for which federal courts have decided due process does not require retroactivity, we find no compelling reason to depart from the federal analysis the supreme court used in Goosman and subsequently applied in interpreting the state due process clause in Nguyen. [See Nguyen v. State, 828 N.W.2d 744, 756 (Iowa 2016)].

12026–2026
State v. Delano green
iowa · 1968
1 sentence

2018The controlling case is Delano. 161 N.W.2d 66 .

12018–2018
Adams v. The City of Raleigh green
ncctapp · 2016
2 sentences

2018Works Comm'n , 242 N.C. 612 , 89 S.E.2d 290 , 297 (N.C. 1955) (recognizing a cause of action under the state due process clause); Adams v. City of Raleigh , 245 N.C.App. 330 , 782 S.E.2d 108 , 114-15 (N.C.

2018Works Comm'n , 242 N.C. 612 , 89 S.E.2d 290 , 297 (N.C. 1955) (recognizing a cause of action under the state due process clause); Adams v. City of Raleigh , 245 N.C.App. 330 , 782 S.E.2d 108 , 114-15 (N.C.

12018–2018
Carolan v. Hill green
iowa · 1996
1 sentence

2010The language is not ambiguous, Carolan v. Hill, 553 N.W.2d 882 , 1As a result, it is not necessary to consider whether the state due process clause should be construed in a fashion different from its federal counterpart.

12010–2010
City National Bank of Clinton v. IOWA STATE TAX COM'N green
iowa · 1960
2 sentences

2010In City National Bank of Clinton, this court applied a state due process analysis and held that for a retroactive tax to be valid, the period of retroactivity should extend “no further than two years, or up to the adjournment of the last previous legislative session.” City Nat’l Bank of Clinton, 251 Iowa at 608 , 102 N.W.2d at 384 .

2010In City National Bank of Clinton, this court applied a state due process analysis and held that for a retroactive tax to be valid, the period of retroactivity should extend “no further than two years, or up to the adjournment of the last previous legislative session.” City Nat’l Bank of Clinton, 251 Iowa at 608 , 102 N.W.2d at 384 .

12010–2010
Jensen v. Schreck green
iowa · 1979
1 sentence

1997In Jensen we said this point is reached: (1) where a state acts directly through its officer or agent; (2) where the state acts in conjunction with business in a profit-making field; (3) where the state by its actions (or inaction) encourages or creates an atmosphere in which private citizens deprive others of their constitutional rights; (4) where the state affirmatively orders or approves the action in the course of its regulatory rule-making; and (5) where functions traditionally performed by the state are delegated to or performed by private interests. *409 275 N.W.2d at 385 (quoting Howe

11997–1997
Malmed v. Thornburgh green
ca3 · 1980
1 sentence

1987In Malmed v. Thornburgh, 621 F.2d 565 (3d Cir.1980), the court conducted an extensive examination of Supreme Court cases dealing with the irrebuttable presumption doctrine.

11987–1987

Statutes the citing opinions construe

IA § Iowa Code § 707.2 (4) IA § Iowa Code § 321.285 (3) IA § Iowa Code § 708.6 (3) IA § Iowa Code § 822.3 (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

WA 28 (1979–2024) CA 22 (1982–2026) CT 19 (1993–2025) IA 17 (1987–2026) IL 16 (1985–2022) NY 13 (1978–2015) UT 7 (1996–2020) FL 4 (1984–2019) CO 4 (1989–2026) PA 4 (2011–2026) AZ 4 (1981–2003) HI 3 (2010–2020) TX 3 (1992–2002) AK 3 (1981–1997) SC 2 (2023–2023) NH 2 (1987–1992) ME 2 (2020–2021)

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.

← Caselaw search · G Cite Topics · Brief Check