event error in Iowa

2023Franks, 438 U.S. at 155–56.

2014In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155-56 .

2018See State v. Rodriguez, 804 N.W.2d 844, 848 (Iowa 2011) (“Ineffective-assistance claims are an exception to our normal rules of error preservation.”).

2018See In re S.P., 672 N.W.2d 842, 845 (Iowa 2003) (requiring consideration of insufficient-notice issue despite error preservation concerns because notice “goes to the heart of the district court’s jurisdiction”). 3 Section 232.2(6)(c)(2) defines CINA as an unmarried child “[w]ho has suffered or is imminently likely to suffer harmful effects as a result of . . . [t]he failure of the child’s parent, guardian, custodian, or other member of the household in which the child resides to exercise a reasonable degree of care in supervising the child.” 4 Section 232.2(6)(c)(1) defines CINA as an unmarrie

2018Rhoades, 848 N.W.2d at 32 (ellipsis in original) (discussing Stevens, 719 N.W.2d at 550–52).

2016Co. v. Wesolowski, 33 N.Y.2d 169 , 350 N.Y.S.2d 895 , 305 N.E.2d 907, 909-10 (1973) (holding there was one “occurrence’-’ under the event test when the insured vehicle struck one oncoming vehicle, ricocheted off, and struck a second vehicle more than 100 feet away and noting that there was “no intervening agent” and “in common understanding . and parlance there was ... a single, inseparable ‘three-car accident’”); Shamblin v. Nationwide Mut.

2016Co. v. Wesolowski, 33 N.Y.2d 169 , 350 N.Y.S.2d 895 , 305 N.E.2d 907, 909-10 (1973) (holding there was one “occurrence’-’ under the event test when the insured vehicle struck one oncoming vehicle, ricocheted off, and struck a second vehicle more than 100 feet away and noting that there was “no intervening agent” and “in common understanding . and parlance there was ... a single, inseparable ‘three-car accident’”); Shamblin v. Nationwide Mut.

2014“The Franks doctrine has been applied to situations involving the omission of crucial information from a warrant application as well as the inclusion of inaccurate information.” State v. Poulin, 620 N.W.2d 287, 289 (Iowa 2000).

2003Cf. Schaffer v. Frank Moyer Constr., Inc., 628 N.W.2d 11, 23 (Iowa 2001) (statute permitting award of attorney fees to successful plaintiff in an action to enforce a mechanic’s lien “in no way limits attorney fees to those incurred in the district court”; therefore, award of appellate attorney fees permitted under the statute).

1992Florke v. Peterson, 245 Iowa 1031, 1033 , 65 N.W.2d 372, 373 (1954).

1992Florke v. Peterson, 245 Iowa 1031, 1033 , 65 N.W.2d 372, 373 (1954).

1980Cf. Gosha v. Woller, 288 N.W.2d 329, 330-32 (1980) (remanding case for consideration of amendment of petition to contain a theory not pled but on which evidence had been received and judgment rendered).