first step analysis in Iowa

2021“The first step in our analysis is to determine if a ground for termination exists under section 232.116(1).” Id.

2020“The first step in our analysis is to determine if a ground for termination exists under section 232.116(1).” Id.

2014“The ‘essential functions’ of the job are those that ‘bear more than a marginal relationship to the job at issue.’ ” Id. (quoting Chandler v. City of Dallas, 2 F.3d 1385, 1393 (5th Cir. 1993)).

2014“The ‘essential functions’ of the job are those that ‘bear more than a marginal relationship to the job at issue.’ ” Id. (quoting Chandler v. City of Dallas, 2 F.3d 1385, 1393 (5th Cir. 1993)).

2022“The first step in this analysis, sometimes referred to as the threshold test, requires a reviewing court to determine whether a defendant’s sentence leads to an inference of gross disproportionality.” Id.

2015“The first step in this analysis, sometimes referred to as the threshold test, requires a reviewing court to determine whether a defendant’s sentence leads to an inference of gross disproportionality.” Oliver, 812 N.W.2d at 647 .

2022See Walker v. State, 801 N.W.2d 548, 556 (Iowa 2011) (“The first step in our analysis 5 is to determine the exact conduct that is at issue.”).

2016Both prongs of the test are important; “the mere exercise of judgment is not sufficient to establish discretionary-function immunity because some form of judgment is exercised in virtually all human endeavors.” Schmitz, 682 N.W.2d at 73 . 36 “The first step in our analysis is to determine the exact conduct that is at issue.” Walker, 801 N.W.2d at 556 .

2015Bryant primarily argues the jury award of $16,937 in past medical bills incurred to treat his complaints of pain over several years is inconsistent with the award of one dollar for past pain and suffering. 6 The first step in our analysis “is to determine if an inconsistency exists.” Clinton Physical Therapy, 714 N.W.2d at 613 .

2015Bryant primarily argues the jury award of $16,937 in past medical bills incurred to treat his complaints of pain over several years is inconsistent with the award of one dollar for past pain and suffering. 6 The first step in our analysis “is to determine if an inconsistency exists.” Clinton Physical Therapy, 714 N.W.2d at 613 .

2023See, e.g., Bruegger, 773 N.W.2d at 873 .

2012Id.

2022“The first step of the analysis requires us to ask what evidence the fact finder actually considered to reach its verdict.” Id.

2015“The first step of the analysis requires us to ask what evidence the fact finder actually considered to reach its verdict.” Kennedy, 846 N.W.2d at 527 (citations omitted).

2024Next, we ask whether the district court found clear proof that Karvel committed simple assault. “[P]roof of prior bad acts is clear if it prevents the jury from speculating or inferring from mere suspicion.” State v. Putman, 848 N.W.2d 1, 13 (Iowa 2014).

2023The first step in this analysis considers “whether the legislature expressly stated its intent that a statute should apply retrospectively.” Dindinger v. Allsteel, Inc., 860 N.W.2d 557, 563 (Iowa 2015).

2022The court decided the deputy had sufficient probable cause to search the vehicle because of the marijuana odor and given the contraband in the vehicle, “Dorenkamp would have been arrested for possession of controlled substances even if he had not been patted down first.” 9 Betsinger’s challenge here fails on the first step of our analysis. “[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable.” Minnesota v. Carter, 525 U.S. 83, 88 (1998); Lowe, 812

2022Focusing on Iowa Code section 232.116(1)(h), which the court relied on in terminating both parents’ rights, see In re D.W., 791 N.W.2d 703, 707 (Iowa 2010) (noting the appellate court may affirm termination “on any ground we find supported by clear and convincing evidence”), the mother argues the child could have been returned to her “care if given an additional six months to reunify.” The father likewise submits the child could have been returned to the mother if she was allowed additional time.

2022The court decided the deputy had sufficient probable cause to search the vehicle because of the marijuana odor and given the contraband in the vehicle, “Dorenkamp would have been arrested for possession of controlled substances even if he had not been patted down first.” 9 Betsinger’s challenge here fails on the first step of our analysis. “[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable.” Minnesota v. Carter, 525 U.S. 83, 88 (1998); Lowe, 812

2021Corp., 200 F.3d 570, 575 (8th Cir. 2000)); see also Goodpaster, 849 N.W.2d at 14 (explaining whether an employee is “qualified” depends on “the needs of a particular job[] and the impact of disability on a person’s ability to perform that job” (second quoting Courtney v. Am.

2021“The first step of our inquiry” into the qualified individual element is whether Rumsey “could perform 2Windsor does not dispute that Rumsey’s hearing impairment as well as his back and shoulder injuries satisfy the first element that Rumsey was disabled for purposes of the ICRA. 14 the essential functions of the job.” Goodpaster, 849 N.W.2d at 14 (second quoting Boelman v. Manson State Bank, 522 N.W.2d 73, 80 (Iowa 1994)). “[T]he court must consider whether the person has ‘the requisite skill, experience, education and other job-related requirements of the employment position that such indivi

2021“The first step of our inquiry” into the qualified individual element is whether Rumsey “could perform 2Windsor does not dispute that Rumsey’s hearing impairment as well as his back and shoulder injuries satisfy the first element that Rumsey was disabled for purposes of the ICRA. 14 the essential functions of the job.” Goodpaster, 849 N.W.2d at 14 (second quoting Boelman v. Manson State Bank, 522 N.W.2d 73, 80 (Iowa 1994)). “[T]he court must consider whether the person has ‘the requisite skill, experience, education and other job-related requirements of the employment position that such indivi

2021“The first step of our inquiry” into the qualified individual element is whether Rumsey “could perform 2Windsor does not dispute that Rumsey’s hearing impairment as well as his back and shoulder injuries satisfy the first element that Rumsey was disabled for purposes of the ICRA. 14 the essential functions of the job.” Goodpaster, 849 N.W.2d at 14 (second quoting Boelman v. Manson State Bank, 522 N.W.2d 73, 80 (Iowa 1994)). “[T]he court must consider whether the person has ‘the requisite skill, experience, education and other job-related requirements of the employment position that such indivi

2021Corp., 200 F.3d 570, 575 (8th Cir. 2000)); see also Goodpaster, 849 N.W.2d at 14 (explaining whether an employee is “qualified” depends on “the needs of a particular job[] and the impact of disability on a person’s ability to perform that job” (second quoting Courtney v. Am.

2020“It must be conceded that even the most well-designed and well-applied pretrial identification procedure will be, to some extent, suggestive.” State v. Walton, 424 N.W.2d 444, 447 (Iowa 1988).

2019However, he does not contest the existence of grounds for 7 termination under section 232.116(1)(h).7 See In re A.B., 815 N.W.2d 764, 774 (Iowa 2012) (“When the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court’s order on any ground we find supported by the record.”); P.L., 778 N.W.2d at 40 (noting the first step in our analysis is to determine if a ground for termination exists and because the parent did not dispute existence of grounds, “we do not discuss this step”).

2019The first step of our analysis is satisfied.2 2 Neither parent directly challenges the sufficiency the State’s reasonable efforts to support reunification, which “impacts the burden of proving [the statutory] elements of termination, which require reasonable efforts.” See C.B., 611 N.W.2d at 493 (“The State must show reasonable efforts as part of its ultimate proof the child cannot be safely returned to the care of a parent.”).

2016While we do not consider what the legislature should or might have said, we may consider those things the legislature said in one provision, but not in another;: Wiebenga v. Iowa Dep’t of Transp,,' 530 N.W.2d 732, 735 (Iowa 1995). ■ The first step in our analysis is to consider the plain language of the statute.

2015“When we can harmonize the jury verdict in a reasonable manner consistent with the jury instructions, the evidence, and inferences the jury could have drawn from that evidence, the verdict is not inconsistent.” Crow v. Simpson, 871 N.W.2d 98, 107 (Iowa 2015); see also Iowa R.

2014See id.

2014See Ross, 845 N.W.2d at 702 .

2014See Ross, 845 N.W.2d at 702 .