advantage of seeing hearing (Iowa) · Go Syfert
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advantage of seeing hearing in Iowa

11 Iowa opinions name it 2 courts 1915–2024 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 (5)

CaseFollowedCited
Estate of Pearson v. Interstate Power & Light Co.green
iowa · 2005 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024We accord deference to the ruling of the trial court because “the trial judge saw and heard the witnesses, observed the jury, and had before it all the incidents of trial before ruling on a motion for a new trial.” Est. of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333, 345 (Iowa 2005); see also Kuta, 600 N.W.2d at 284 (“An abuse-of-discretion standard is appropriate because the trial court has had the advantage of seeing and hearing the evidence; in applying that standard, other cases are of limited value.”).

2024We accord deference to the ruling of the trial court because “the trial judge saw and heard the witnesses, observed the jury, and had before it all the incidents of trial before ruling on a motion for a new trial.” Est. of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333, 345 (Iowa 2005); see also Kuta, 600 N.W.2d at 284 (“An abuse-of-discretion standard is appropriate because the trial court has had the advantage of seeing and hearing the evidence; in applying that standard, other cases are of limited value.”).

22
Kuta v. Newberggreen
iowa · 1999 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024We accord deference to the ruling of the trial court because “the trial judge saw and heard the witnesses, observed the jury, and had before it all the incidents of trial before ruling on a motion for a new trial.” Est. of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333, 345 (Iowa 2005); see also Kuta, 600 N.W.2d at 284 (“An abuse-of-discretion standard is appropriate because the trial court has had the advantage of seeing and hearing the evidence; in applying that standard, other cases are of limited value.”).

2024We accord deference to the ruling of the trial court because “the trial judge saw and heard the witnesses, observed the jury, and had before it all the incidents of trial before ruling on a motion for a new trial.” Est. of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333, 345 (Iowa 2005); see also Kuta, 600 N.W.2d at 284 (“An abuse-of-discretion standard is appropriate because the trial court has had the advantage of seeing and hearing the evidence; in applying that standard, other cases are of limited value.”).

22
Rees v. O'MALLEYgreen
iowa · 1990 · cited in 2 Iowa opinions naming this issue, 1999–2022
2 sentences

2022We come to a claim of an excessive award disinclined to disturb the jury’s verdict and will only intervene if we find it “flagrantly excessive or inadequate,” “so out of reason as to shock the conscience or sense of justice,” “a result of passion, prejudice or other ulterior motive,” or “lacking in evidentiary support.” Rees, 461 N.W.2d at 839 (quoting Olsen v. Drahos, 229 N.W.2d 741, 742 (Iowa 1975)).

1999See Rees v. O’Malley, 461 N.W.2d 833, 840 (Iowa 1990) (“In determining whether the damage award is excessive, we must abide by the principle that each case depends upon its own facts, and precedents are of little value.”).

12
Olsen v. Drahosgreen
iowa · 1975 · cited in 1 Iowa opinions naming this issue, 2022–2022
1 sentence

2022We come to a claim of an excessive award disinclined to disturb the jury’s verdict and will only intervene if we find it “flagrantly excessive or inadequate,” “so out of reason as to shock the conscience or sense of justice,” “a result of passion, prejudice or other ulterior motive,” or “lacking in evidentiary support.” Rees, 461 N.W.2d at 839 (quoting Olsen v. Drahos, 229 N.W.2d 741, 742 (Iowa 1975)).

11
State Of Iowa Vs. Robert Joseph Vancegreen
iowa · 2010 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See State v. Vance, 790 N.W.2d 775, 780 (Iowa 2010) (noting “[w]e give deference to the district court’s findings of fact due to its ability to assess the credibility of the witnesses” including factual findings made following suppression hearings). 9 According to the transcript, Officer Hansen testified as follows: Q.

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 (8)

CaseCitedYears
Olson v. Prosoco, Inc. green
iowa · 1994
2 sentences

2017Id.

2017Id.

32017–2017
Melissa Stender v. Anthony Zane Blessum green
iowa · 2017
1 sentence

2022We review the trial court’s decision upholding 16 a verdict using an abuse of discretion standard since “the trial court had the advantage of seeing and hearing the evidence.” Stender, 897 N.W.2d at 501 .

12022–2022
Triplett v. McCourt Manufacturing Corp. green
iowactapp · 2007
1 sentence

2016“An abuse-of-discretion standard is appropriate because the trial court has had the advantage of seeing and hearing the evidence . . . .” Id.

12016–2016
Ross v. Ross green
iowa · 1910
1 sentence

1919He cites Ross v. Ross, 148 Iowa 729, 736 .

11919–1919
Emerick v. Emerick green
iowa · 1891
1 sentence

1915This is especially valuable in all eases where mental competency jg a-f: issue_ it is not our thought to broaden the law in such cases, and we have in mind the tests announced in our previous cases; for example, in McGuire v. Moorhead, 151 Iowa 25 ; Arment v. Arment, 134 Iowa 199 ; Schick v. Stuhr, 120 Iowa 396 ; Emerick v. Emerick, 83 Iowa 411 .

11915–1915
Schick v. Stuhr green
iowa · 1903
1 sentence

1915This is especially valuable in all eases where mental competency jg a-f: issue_ it is not our thought to broaden the law in such cases, and we have in mind the tests announced in our previous cases; for example, in McGuire v. Moorhead, 151 Iowa 25 ; Arment v. Arment, 134 Iowa 199 ; Schick v. Stuhr, 120 Iowa 396 ; Emerick v. Emerick, 83 Iowa 411 .

11915–1915
Arment v. Arment neutral
iowa · 1907
1 sentence

1915This is especially valuable in all eases where mental competency jg a-f: issue_ it is not our thought to broaden the law in such cases, and we have in mind the tests announced in our previous cases; for example, in McGuire v. Moorhead, 151 Iowa 25 ; Arment v. Arment, 134 Iowa 199 ; Schick v. Stuhr, 120 Iowa 396 ; Emerick v. Emerick, 83 Iowa 411 .

11915–1915
McGuire v. Moorhead green
iowa · 1911
1 sentence

1915This is especially valuable in all eases where mental competency jg a-f: issue_ it is not our thought to broaden the law in such cases, and we have in mind the tests announced in our previous cases; for example, in McGuire v. Moorhead, 151 Iowa 25 ; Arment v. Arment, 134 Iowa 199 ; Schick v. Stuhr, 120 Iowa 396 ; Emerick v. Emerick, 83 Iowa 411 .

11915–1915

Statutes the citing opinions construe

IA § Iowa Code § 614.1 (3) IA § Iowa Code § 622.10 (3) IA § Iowa Code § 633.219 (3) IA § Iowa Code § 668.3 (3) IA § Iowa Code § 708.1 (3) IA § Iowa Code § 708.2 (3) IA § Iowa Code § 709.11 (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

NY 304 (1931–2026) PA 19 (1934–1980) AL 18 (1916–2014) LA 16 (1939–2008) MI 16 (1915–1978) SD 14 (1993–2025) IA 11 (1915–2024) MA 11 (1940–2023) UT 10 (1979–2019) AR 9 (1954–1996) OR 9 (1951–1994) RI 5 (1911–2015) NH 4 (1984–2018) ND 3 (1926–1931) MT 3 (1928–1934) NJ 3 (1965–1985) IL 3 (1936–1968) WA 3 (1934–1942) NC 3 (1967–2009) MD 2 (1973–1973) OH 2 (2003–2011) NM 2 (1966–1967) SC 2 (2007–2017) CO 2 (1943–1975)

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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