constitutional avoidance suggests the proper course doctrine (Iowa) · Go Syfert
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constitutional avoidance suggests the proper course doctrine in Iowa

12 Iowa opinions name it 1 courts 2014–2023 4 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 (2)

CaseFollowedCited
State of Iowa v. Iowa District Court for Story Countygreen
iowa · 2014 · cited in 12 Iowa opinions naming this issue, 2014–2023
2 sentences

2023Ct., 843 N.W.2d 76, 85 (Iowa 2014) (“The doctrine of constitutional avoidance suggests the proper course in the construction of a statute may be to steer clear of ‘constitutional shoals’ when possible.”) (quoting Simmons v. State Pub.

2023Ct., 843 N.W.2d 76, 85 (Iowa 2014) (“The doctrine of constitutional avoidance suggests the proper course in the construction of a statute may be to steer clear of ‘constitutional shoals’ when possible.”) (quoting Simmons v. State Pub.

1212
Kent A. Simmons Vs. State Public Defendergreen
iowa · 2010 · cited in 6 Iowa opinions naming this issue, 2018–2023
2 sentences

2023Def., 791 N.W.2d 69, 74 (Iowa 19 2010))); Simmons, 791 N.W.2d at 74 (“If fairly possible, a statute will be construed to avoid doubt as to constitutionality.”).

2023Def., 791 N.W.2d 69, 74 (Iowa 19 2010))); Simmons, 791 N.W.2d at 74 (“If fairly possible, a statute will be construed to avoid doubt as to constitutionality.”).

66

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 (1)

CaseCitedYears
State v. Fuhrmann green
iowa · 1978
2 sentences

2021Def., 791 N.W.2d 69, 74 (Iowa 2010) (“If fairly possible, a statute will be construed to avoid doubt as to constitutionality.”); State v. Fuhrmann, 261 N.W.2d 475 , 477 n.1 (Iowa 1978) (en banc) (“An appellate court should refrain from 24 a constitutional analysis of statutes if a case may be disposed of on other grounds.”).

2021Def., 791 N.W.2d 69, 74 (Iowa 2010) (“If fairly possible, a statute will be construed to avoid doubt as to constitutionality.”); State v. Fuhrmann, 261 N.W.2d 475 , 477 n.1 (Iowa 1978) (en banc) (“An appellate court should refrain from 24 a constitutional analysis of statutes if a case may be disposed of on other grounds.”).

22021–2021

Statutes the citing opinions construe

IA § Iowa Code § 17A.19 (3) IA § Iowa Code § 822.3 (3) IA § Iowa Code § 822.5 (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.

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