11 Iowa opinions name it 2 courts 1879–2022 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.
| Case | Followed | Cited |
|---|---|---|
In Re: The PEOPLE of the State of Colorado v. Juan Johnny HERNANDEZgreen2 sentences2022App. Feb. 2, 2022) (refusing to apply even plain-error review to defendant’s unpreserved claim of public trial violation); Poe, 2021 WL 5578080 , at *2 (“Poe’s ‘failure to object’ forfeited ‘his right [to have his family present at sentencing] . . . preclud[ing] any subsequent challenge by him of an order excluding the public.’ ” (alterations and omission in original) (quoting People v. Virgil, 253 P.3d 553, 578 (Cal. 2011))); People v. Hernandez, 488 P.3d 1055, 1063 (Colo. 2021) (en banc) (holding that the defendant waived his claim of error by failing to “raise th[e] argument below,” without 2022App. Feb. 2, 2022) (refusing to apply even plain-error review to defendant’s unpreserved claim of public trial violation); Poe, 2021 WL 5578080 , at *2 (“Poe’s ‘failure to object’ forfeited ‘his right [to have his family present at sentencing] . . . preclud[ing] any subsequent challenge by him of an order excluding the public.’ ” (alterations and omission in original) (quoting People v. Virgil, 253 P.3d 553, 578 (Cal. 2011))); People v. Hernandez, 488 P.3d 1055, 1063 (Colo. 2021) (en banc) (holding that the defendant waived his claim of error by failing to “raise th[e] argument below,” without | 2 | 2 |
People v. Virgilgreen2 sentences2022App. Feb. 2, 2022) (refusing to apply even plain-error review to defendant’s unpreserved claim of public trial violation); Poe, 2021 WL 5578080 , at *2 (“Poe’s ‘failure to object’ forfeited ‘his right [to have his family present at sentencing] . . . preclud[ing] any subsequent challenge by him of an order excluding the public.’ ” (alterations and omission in original) (quoting People v. Virgil, 253 P.3d 553, 578 (Cal. 2011))); People v. Hernandez, 488 P.3d 1055, 1063 (Colo. 2021) (en banc) (holding that the defendant waived his claim of error by failing to “raise th[e] argument below,” without 2022App. Feb. 2, 2022) (refusing to apply even plain-error review to defendant’s unpreserved claim of public trial violation); Poe, 2021 WL 5578080 , at *2 (“Poe’s ‘failure to object’ forfeited ‘his right [to have his family present at sentencing] . . . preclud[ing] any subsequent challenge by him of an order excluding the public.’ ” (alterations and omission in original) (quoting People v. Virgil, 253 P.3d 553, 578 (Cal. 2011))); People v. Hernandez, 488 P.3d 1055, 1063 (Colo. 2021) (en banc) (holding that the defendant waived his claim of error by failing to “raise th[e] argument below,” without | 2 | 2 |
State v. Mudragreen2 sentences2014See id. 2014See id. | 2 | 2 |
State v. Escobedogreen1 sentence2022See State v. Sage, 162 N.W.2d 502, 504 (Iowa 1968) (stating that, generally, a criminal defendant cannot take a position on appeal inconsistent with a position taken at trial or complain of error to which the defendant consented or invited); see also State v. Escobedo, 573 N.W.2d 271, 276 (Iowa Ct. App. 1997) (noting that although a defendant would ordinarily be entitled to a mistrial based on dismissal of a juror during deliberations, the defendant waived error by agreeing to juror’s replacement with an alternate). | 1 | 1 |
State v. Dudleygreen1 sentence2022See State v. Dudley, 766 N.W.2d 606, 612 (Iowa 2009).1 1In State v. McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.” 972 N.W.2d 672 , 680 (Iowa 2022). | 1 | 1 |
State v. Sagegreen1 sentence2022See State v. Sage, 162 N.W.2d 502, 504 (Iowa 1968) (stating that, generally, a criminal defendant cannot take a position on appeal inconsistent with a position taken at trial or complain of error to which the defendant consented or invited); see also State v. Escobedo, 573 N.W.2d 271, 276 (Iowa Ct. App. 1997) (noting that although a defendant would ordinarily be entitled to a mistrial based on dismissal of a juror during deliberations, the defendant waived error by agreeing to juror’s replacement with an alternate). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jones
green
1 sentence2011Id. | 1 | 2011–2011 |
Herman v. Brewer
green
1 sentence1998Herman, 193 N.W.2d at 545 . | 1 | 1998–1998 |
Dorman v. Credit Reference & Reporting Co.
green
1 sentence1932Dorman v. Credit Reference Company, supra. *1355 II. 'Appellant attacks Instruction No. 3, reading as follows: “The particular acts of negligence complained of by the plaintiff and submitted to you herewith are as follows: “1. | 1 | 1932–1932 |
Eckles v. Kinney
neutral
1 sentence1912In one of these cases it is said: “Although the defendant, after the order for the change of venue had been made, might well object to any order being made at a subsequent term to redocket the cause, yet, as it appears that he made no objection in the case, and appeared in court by his attorneys and went to trial, he can not now assign the ruling of the district court for error.” Eckles v. Kinney, 4 Iowa, 539 . | 1 | 1912–1912 |
Coakley v. McCarty
neutral
1 sentence1879Coakley v. McCarty, 34 Iowa, 105 , and cases cited. .2. dvidiekce : railroads: personai injuries, II. | 1 | 1879–1879 |
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.
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.