prescription-drug defense (Iowa) · Go Syfert
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prescription-drug defense in Iowa

9 Iowa opinions name it 2 courts 2013–2017 0 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 (6)

CaseFollowedCited
State of Iowa v. Jeffrey Alan Schoriesgreen
iowa · 2013 · cited in 4 Iowa opinions naming this issue, 2014–2016
2 sentences

2016Cf. Schories, 827 N.W.2d at 665 (noting prescription drug defense would require, upon evidence of a valid prescription, that the defendant was not taking the prescription “according to [the] physician’s instructions and labeling directions of the pharmacy”).

2014For the burden in criminal proceedings, see Schories, 827 N.W.2d at 665 ("Once a defendant has presented evidence sufficient to show the prescription drug defense applies, the State has the burden of disproving each element of the defense beyond a reasonable doubt.”).

44
Teresa Karen Bearinger v. Iowa Department of Transportation, Motor Vehicle Divisiongreen
iowa · 2014 · cited in 4 Iowa opinions naming this issue, 2017–2017
2 sentences

2017In Bearinger, we considered whether the prescription-drug defense applied 41 to administrative actions involving the revocation of drivers’ licenses. 844 N.W.2d at 105 .

2017Similarly, in Bearinger v. Iowa Department of Transportation, we considered whether a driver could invoke a prescription-drug defense 27 before an administrative tribunal seeking to revoke her driver’s license. 844 N.W.2d 104, 106 (2014).

24
Ludtke v. Iowa Department of Transportation, Motor Vehicle Divisiongreen
iowa · 2002 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See Ludtke, 646 N.W.2d at 69 (noting petitioner has burden in IDOT administrative proceedings to prove license should not be revoked); McCrea v. Iowa Dep’t of Transp., 336 N.W.2d 427, 428-29 (Iowa 1983) (same). 5 The ALJ found Bearinger satisfied the elements of the prescription-drug defense.

11
McCrea v. Iowa Department of Transportationgreen
iowa · 1983 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See Ludtke, 646 N.W.2d at 69 (noting petitioner has burden in IDOT administrative proceedings to prove license should not be revoked); McCrea v. Iowa Dep’t of Transp., 336 N.W.2d 427, 428-29 (Iowa 1983) (same). 5 The ALJ found Bearinger satisfied the elements of the prescription-drug defense.

11
State v. Lawlergreen
iowa · 1997 · cited in 1 Iowa opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., State v. Lawler, 571 N.W.2d 486, 489 (Iowa 1997).

2013See, e.g., State v. Lawler, 571 N.W.2d 486, 489 (Iowa 1997).

11
Commonwealth v. Griffithgreen
pa · 2011 · cited in 1 Iowa opinions naming this issue, 2013–2013
2 sentences

2013See Commonwealth v. Griffith, 613 Pa. 171 , 32 A.3d 1231, 1238-39 (2011).

2013See Commonwealth v. Griffith, 613 Pa. 171 , 32 A.3d 1231, 1238-39 (2011).

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 (4)

CaseCitedYears
State v. Pickett green
iowa · 2003
1 sentence

2014Our conclusion is reinforced by yet another principle of interpretation: we are to interpret chapter 321J “ ‘in a manner to avoid absurd results.’ ” Comried, 693 N.W.2d at 775 (quoting Pickett, 671 N.W.2d at 870 ). 3 The purpose of the license revocation procedure “is to promote public safety by removing dangerous drivers from the highways.” Vogel, 548 N.W.2d at 587 .

12014–2014
State v. Vogel green
iowa · 1996
1 sentence

2014Our conclusion is reinforced by yet another principle of interpretation: we are to interpret chapter 321J “ ‘in a manner to avoid absurd results.’ ” Comried, 693 N.W.2d at 775 (quoting Pickett, 671 N.W.2d at 870 ). 3 The purpose of the license revocation procedure “is to promote public safety by removing dangerous drivers from the highways.” Vogel, 548 N.W.2d at 587 .

12014–2014
State v. Comried green
iowa · 2005
1 sentence

2014Our conclusion is reinforced by yet another principle of interpretation: we are to interpret chapter 321J “ ‘in a manner to avoid absurd results.’ ” Comried, 693 N.W.2d at 775 (quoting Pickett, 671 N.W.2d at 870 ). 3 The purpose of the license revocation procedure “is to promote public safety by removing dangerous drivers from the highways.” Vogel, 548 N.W.2d at 587 .

12014–2014
Strickland v. Washington green
scotus · 1984
2 sentences

2013It would surely be ineffective under the standards announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), 2 if Schories’s counsel failed to preserve a valid motion for acquittal based on the State’s lack of substantial evidence tending to disprove the elements of the prescription drug defense.

2013It would surely be ineffective under the standards announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), 2 if Schories’s counsel failed to preserve a valid motion for acquittal based on the State’s lack of substantial evidence tending to disprove the elements of the prescription drug defense.

12013–2013

Statutes the citing opinions construe

IA § Iowa Code § 321J.2 (8) IA § Iowa Code § 321J.6 (5) IA § Iowa Code § 124.101 (3) IA § Iowa Code § 17A.19 (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

IA 9 (2013–2017) MA 3 (1985–2016)

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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