appearance claim (Iowa) · Go Syfert
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appearance claim in Iowa

6 Iowa opinions name it 1 courts 1902–2023 1 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
Allen v. Stategreen
ark · 1988 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023Even if there were, the appropriate remedy would be suppression of the statements made during that period, not dismissal of the indictment.”); United States v. Carruthers, 458 F. App’x 811, 818 (11th Cir. 2012) (per curiam) (stating the “only remedy” the court has recognized for delay “is the suppression of evidence obtained as a result of the violation”); United States v. Colburn, 401 F. App’x 706, 708 (3d Cir. 2010) (stating dismissal of the indictment is not 12 a remedy for unnecessary delay); Allen v. State, 760 S.W.2d 69, 70 (Ark. 1988) (stating the rule requires an appearance but a viola

11
United States v. Roger Carruthersgreen
ca11 · 2012 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023Even if there were, the appropriate remedy would be suppression of the statements made during that period, not dismissal of the indictment.”); United States v. Carruthers, 458 F. App’x 811, 818 (11th Cir. 2012) (per curiam) (stating the “only remedy” the court has recognized for delay “is the suppression of evidence obtained as a result of the violation”); United States v. Colburn, 401 F. App’x 706, 708 (3d Cir. 2010) (stating dismissal of the indictment is not 12 a remedy for unnecessary delay); Allen v. State, 760 S.W.2d 69, 70 (Ark. 1988) (stating the rule requires an appearance but a viola

11
United States v. Ray Colburngreen
ca3 · 2010 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023Even if there were, the appropriate remedy would be suppression of the statements made during that period, not dismissal of the indictment.”); United States v. Carruthers, 458 F. App’x 811, 818 (11th Cir. 2012) (per curiam) (stating the “only remedy” the court has recognized for delay “is the suppression of evidence obtained as a result of the violation”); United States v. Colburn, 401 F. App’x 706, 708 (3d Cir. 2010) (stating dismissal of the indictment is not 12 a remedy for unnecessary delay); Allen v. State, 760 S.W.2d 69, 70 (Ark. 1988) (stating the rule requires an appearance but a viola

11
Commonwealth v. Peritogreen
mass · 1994 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023Even if there were, the appropriate remedy would be suppression of the statements made during that period, not dismissal of the indictment.”); United States v. Carruthers, 458 F. App’x 811, 818 (11th Cir. 2012) (per curiam) (stating the “only remedy” the court has recognized for delay “is the suppression of evidence obtained as a result of the violation”); United States v. Colburn, 401 F. App’x 706, 708 (3d Cir. 2010) (stating dismissal of the indictment is not 12 a remedy for unnecessary delay); Allen v. State, 760 S.W.2d 69, 70 (Ark. 1988) (stating the rule requires an appearance but a viola

11
State v. Bolinske, Sr.green
nd · 2022 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023However, . . . there is no basis for dismissing the indictments.”); State v. Bolinske, 969 N.W.2d 450, 456 (N.D. 2022) (“[D]etention in violation of a statutory right to bail ordinarily is not grounds for dismissing a complaint or voiding a subsequent conviction.”).

11
Smith v. Watsongreen
iowa · 1869 · cited in 1 Iowa opinions naming this issue, 1908–1908
1 sentence

1908See Smith v. Watson, 28 Iowa, 218 ; Bank v. Stone, 122 Iowa, 558 ; Goodrich v. Conrad, 24 Iowa, 254 ; Wile v. Wright, 32 Iowa, 451 ; McCrary v. Deming, 38 Iowa, 527 . 7‘ mrat ofitatei ment' The finding that there was such an appearance claim, as to render the question of service of original notice immaterial makes it unnecessary to further discuss appellant’s repeated contention that the amended claim is upon a new and different cause of action; but we think it proper, in this connection, to say that the allowance of an amendment, the purpose of which is to avoid the effect of the statute of l

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 (15)

CaseCitedYears
Corn Exchange Bank v. Applegate green
iowa · 1896
2 sentences

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

21902–1957
State v. Dowell green
iowa · 1980
1 sentence

1980This case is therefore governed by our holding in State v. Dowell, 297 N.W.2d 93 (Iowa 1980), filed separately this date, in which we held that an alleged parole violator does not have a right to have the proceedings against him dismissed with prejudice for unnecessary delay in bringing him before a magistrate for an initial appearance in violation of section 908.2.

11980–1980
Doyle v. Willcockson neutral
iowa · 1918
1 sentence

1965As bearing on the effect of an appearance or waiver after a judgment held void see Doyle v. Willcockson, 184 Iowa 757, 767 , 169 N.W. 241 .

11965–1965
Kilmer v. Gallaher green
iowa · 1902
2 sentences

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

11957–1957
Cozine v. Moore neutral
iowa · 1913
1 sentence

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

11957–1957
Rankin v. City of Chariton neutral
iowa · 1913
1 sentence

1957Kilmer v. Gallaher, 116 Iowa 666, 669 , 88 N.W. 959 ; Rankin v. City of Chariton, 160 Iowa 265, 274 , 139 N.W. 560 , 141 N.W. 424 ; Corn Exchange Bank v. Applegate, 97 Iowa 67, 70 , 65 N.W. 1007 .

11957–1957
Beard v. Simmons neutral
ga · 1850
1 sentence

1908Myers v. Kirt, 68 Iowa, 124 ; Lottman v. Barnett, 62 Mo. 159 ; Beard v. Simmons, 9 Ga. 4 ; Schieffelin v. Whipple, 10 Wis. 81 ; R.

11908–1908
Lottman v. Barnett green
mo · 1876
1 sentence

1908Myers v. Kirt, 68 Iowa, 124 ; Lottman v. Barnett, 62 Mo. 159 ; Beard v. Simmons, 9 Ga. 4 ; Schieffelin v. Whipple, 10 Wis. 81 ; R.

11908–1908
Schieffelin v. Whipple neutral
· 1859
1 sentence

1908Myers v. Kirt, 68 Iowa, 124 ; Lottman v. Barnett, 62 Mo. 159 ; Beard v. Simmons, 9 Ga. 4 ; Schieffelin v. Whipple, 10 Wis. 81 ; R.

11908–1908
Goodrich v. Conrad green
iowa · 1868
1 sentence

1908See Smith v. Watson, 28 Iowa, 218 ; Bank v. Stone, 122 Iowa, 558 ; Goodrich v. Conrad, 24 Iowa, 254 ; Wile v. Wright, 32 Iowa, 451 ; McCrary v. Deming, 38 Iowa, 527 . 7‘ mrat ofitatei ment' The finding that there was such an appearance claim, as to render the question of service of original notice immaterial makes it unnecessary to further discuss appellant’s repeated contention that the amended claim is upon a new and different cause of action; but we think it proper, in this connection, to say that the allowance of an amendment, the purpose of which is to avoid the effect of the statute of l

11908–1908
Wile v. Wright green
iowa · 1871
1 sentence

1908See Smith v. Watson, 28 Iowa, 218 ; Bank v. Stone, 122 Iowa, 558 ; Goodrich v. Conrad, 24 Iowa, 254 ; Wile v. Wright, 32 Iowa, 451 ; McCrary v. Deming, 38 Iowa, 527 . 7‘ mrat ofitatei ment' The finding that there was such an appearance claim, as to render the question of service of original notice immaterial makes it unnecessary to further discuss appellant’s repeated contention that the amended claim is upon a new and different cause of action; but we think it proper, in this connection, to say that the allowance of an amendment, the purpose of which is to avoid the effect of the statute of l

11908–1908
McCrary v. Deming neutral
iowa · 1874
1 sentence

1908See Smith v. Watson, 28 Iowa, 218 ; Bank v. Stone, 122 Iowa, 558 ; Goodrich v. Conrad, 24 Iowa, 254 ; Wile v. Wright, 32 Iowa, 451 ; McCrary v. Deming, 38 Iowa, 527 . 7‘ mrat ofitatei ment' The finding that there was such an appearance claim, as to render the question of service of original notice immaterial makes it unnecessary to further discuss appellant’s repeated contention that the amended claim is upon a new and different cause of action; but we think it proper, in this connection, to say that the allowance of an amendment, the purpose of which is to avoid the effect of the statute of l

11908–1908
Myers v. Kirt green
iowa · 1885
1 sentence

1908Myers v. Kirt, 68 Iowa, 124 ; Lottman v. Barnett, 62 Mo. 159 ; Beard v. Simmons, 9 Ga. 4 ; Schieffelin v. Whipple, 10 Wis. 81 ; R.

11908–1908
First National Bank v. Stone green
iowa · 1904
1 sentence

1908See Smith v. Watson, 28 Iowa, 218 ; Bank v. Stone, 122 Iowa, 558 ; Goodrich v. Conrad, 24 Iowa, 254 ; Wile v. Wright, 32 Iowa, 451 ; McCrary v. Deming, 38 Iowa, 527 . 7‘ mrat ofitatei ment' The finding that there was such an appearance claim, as to render the question of service of original notice immaterial makes it unnecessary to further discuss appellant’s repeated contention that the amended claim is upon a new and different cause of action; but we think it proper, in this connection, to say that the allowance of an amendment, the purpose of which is to avoid the effect of the statute of l

11908–1908
Childs v. Limback neutral
iowa · 1870
1 sentence

1902Corn Exchange Bank v. Applegate, 97 Iowa, 67 ; Childs v. Limback, 30 Iowa, 398 , and cases therein cited. 4 III.

11902–1902

Where else courts name it

CA 34 (1936–2025) TX 28 (1894–2025) MD 18 (1980–2023) WA 15 (1975–2025) NY 10 (1846–2014) OH 10 (2003–2022) MS 10 (1991–2023) MO 10 (1870–2003) GA 10 (1932–2012) IL 9 (1923–2024) PA 9 (1919–2025) KS 8 (2011–2019) NJ 7 (2003–2024) LA 6 (1980–2014) IA 6 (1902–2023) WV 5 (1965–2014) FL 5 (1964–2018) WY 5 (1983–2017) OK 5 (1909–2013) UT 5 (1987–2016) MA 4 (1983–1992) NC 3 (1957–2016) VT 3 (1976–1996) WI 3 (1995–2010) VA 3 (1932–2025) TN 3 (1970–1996) AL 3 (1852–1952) MN 2 (1973–1995) ND 2 (1978–1985) MI 2 (1944–2020) IN 2 (1888–1994) DE 2 (1953–2021) RI 2 (2008–2015) CT 2 (2014–2017) OR 2 (1989–1998)

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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