7 Iowa opinions name it 2 courts 2016–2024 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.
| Case | Followed | Cited |
|---|---|---|
State of Iowa v. Nathan Daniel Olsengreen2 sentences2024The court determined that a “firearm” should be defined broadly to include “any instrument which will or is designed to discharge a projectile by the force of a chemical explosive such as gun powder.” (Quoting Iowa State Bar Ass’n, Iowa Criminal Jury Instruction 2400.8 (2022).) The court relied, in part, on the purpose of section 724.26, which is “both to protect the public and to impose punishment.” (Quoting State v. Olsen, 848 N.W.2d 363, 368 (Iowa 2014).) The district court reasoned, “To adopt the Defendant’s position would contravene the express purpose of the statute because persons convi 2024The court determined that a “firearm” should be defined broadly to include “any instrument which will or is designed to discharge a projectile by the force of a chemical explosive such as gun powder.” (Quoting Iowa State Bar Ass’n, Iowa Criminal Jury Instruction 2400.8 (2022).) The court relied, in part, on the purpose of section 724.26, which is “both to protect the public and to impose punishment.” (Quoting State v. Olsen, 848 N.W.2d 363, 368 (Iowa 2014).) The district court reasoned, “To adopt the Defendant’s position would contravene the express purpose of the statute because persons convi | 2 | 2 |
State Of Iowa Vs. Robert Joseph Vancegreen2 sentences2016See, e.g., Thomas, 847 N.W.2d at 442 (reviewing our actual possession jurisprudence); State v. Vance, 790 N.W.2d 775, 784 (Iowa 2010) (holding actual possession requires direct or circumstantial evidence that the drugs were on his or her person “at one time”). 6Reed was convicted of possession of ten or more grams of cocaine base with intent to deliver while in the immediate possession of a firearm in violation of Iowa Code sections 124.401(1)(b)(3) and 124.401(1)(e), possession of marijuana in violation of section 124.401(5), and possession of a firearm by a felon in violation of section 724. 2016See, e.g., Thomas, 847 N.W.2d at 442 (reviewing our actual possession jurisprudence); State v. Vance, 790 N.W.2d 775, 784 (Iowa 2010) (holding actual possession requires direct or circumstantial evidence that the drugs were on his or her person “at one time”). 6Reed was convicted of possession of ten or more grams of cocaine base with intent to deliver while in the immediate possession of a firearm in violation of Iowa Code sections 124.401(1)(b)(3) and 124.401(1)(e), possession of marijuana in violation of section 124.401(5), and possession of a firearm by a felon in violation of section 724. | 2 | 2 |
State of Iowa v. Tremayne Latoine Thomasgreen2 sentences2016See, e.g., Thomas, 847 N.W.2d at 442 (reviewing our actual possession jurisprudence); State v. Vance, 790 N.W.2d 775, 784 (Iowa 2010) (holding actual possession requires direct or circumstantial evidence that the drugs were on his or her person “at one time”). 6Reed was convicted of possession of ten or more grams of cocaine base with intent to deliver while in the immediate possession of a firearm in violation of Iowa Code sections 124.401(1)(b)(3) and 124.401(1)(e), possession of marijuana in violation of section 124.401(5), and possession of a firearm by a felon in violation of section 724. 2016See, e.g., Thomas, 847 N.W.2d at 442 (reviewing our actual possession jurisprudence); State v. Vance, 790 N.W.2d 775, 784 (Iowa 2010) (holding actual possession requires direct or circumstantial evidence that the drugs were on his or her person “at one time”). 6Reed was convicted of possession of ten or more grams of cocaine base with intent to deliver while in the immediate possession of a firearm in violation of Iowa Code sections 124.401(1)(b)(3) and 124.401(1)(e), possession of marijuana in violation of section 124.401(5), and possession of a firearm by a felon in violation of section 724. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terry v. Ohio
green
1 sentence2022The State formally charged Price- 3See Terry v. Ohio, 392 U.S. 1 , 30–31 (1968). 7 Williams with being a felon in possession of a firearm in violation of Iowa Code section 724.26, a class “D” felony.4 Price-Williams pleaded not guilty and moved to suppress all evidence obtained during the search and seizure, arguing he “was questioned and seized without reasonable and articulable facts to justify such actions.” The district court conducted a suppression hearing on the motion. | 1 | 2022–2022 |
Miranda v. Arizona
green
1 sentence2018AFFIRMED. 1 See Miranda v. Arizona , 384 U.S. 436 , 479 (1966) (requiring the police to advise suspects of their rights under the Fifth and Fourteenth Amendments before beginning a custodial interrogation). 2 " 'Dominion and control' means ownership or right to the [firearm] [offensive weapon] and the power or authority to manage, regulate or oversee its use." Iowa Crim. | 1 | 2018–2018 |
State of Iowa v. Hillary Lee Tyler
green
2 sentences2017“We give deference to the district court’s fact findings due to its opportunity to assess the credibility of the 1Brown was found guilty of possession with intent to deliver a schedule I controlled substance (marijuana) in violation of Iowa Code section 124.401(1)(d) (2013), failure to affix drug tax stamp in violation of Iowa Code section 453B.12, and felon in possession of a firearm in violation of Iowa Code section 724.26(1). 11 witnesses, but we are not bound by those findings.” Id. (quoting Tyler, 867 N.W.2d at 153 ). 2017“We give deference to the district court’s fact findings due to its opportunity to assess the credibility of the 1Brown was found guilty of possession with intent to deliver a schedule I controlled substance (marijuana) in violation of Iowa Code section 124.401(1)(d) (2013), failure to affix drug tax stamp in violation of Iowa Code section 453B.12, and felon in possession of a firearm in violation of Iowa Code section 724.26(1). 11 witnesses, but we are not bound by those findings.” Id. (quoting Tyler, 867 N.W.2d at 153 ). | 1 | 2017–2017 |
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.