absence of an express waiver (Iowa) · Go Syfert
← Iowa issues

absence of an express waiver in Iowa

5 Iowa opinions name it 2 courts 1971–2021 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 (5)

CaseFollowedCited
State v. Holdernessgreen
iowa · 1971 · cited in 2 Iowa opinions naming this issue, 1972–1974
2 sentences

1974This court has applied this test in determining similar *596 factual issues. * * * [citing authorities].” See also State v. Holderness, 191 N.W.2d 642, 646 (Iowa 1971) and State v. Fetters, 202 N.W.2d 84, 87-89 (Iowa 1972).

1972We need not pursue the merits of defendant’s argument particularly in view of the following statement in State v. Niccum, 190 N.W.2d at 822 , decided October 13, 1971, and repeated in State v. Holderness, 191 N.W.2d 642, 646-647 (Iowa 1971): “In determining whether the State has sustained its burden of establishing a valid waiver by defendant of his constitutionally protected rights in the absence of an express waiver, this court examines the totality of circumstances — the attendant facts of the case — as shown in the record.

22
State v. Niccumgreen
iowa · 1971 · cited in 2 Iowa opinions naming this issue, 1972–1974
2 sentences

1974State v. Niccum, 190 N.W.2d 815, 822 (Iowa 1971), sets out the applicable principle as follows: “In determining whether the State has sustained its burden of establishing a valid waiver by defendant of his constitutionally protected rights in the absence of an express waiver, this court examines the totality of the circumstances — the attendant facts of the case — as shown in the record.

1972We need not pursue the merits of defendant’s argument particularly in view of the following statement in State v. Niccum, 190 N.W.2d at 822 , decided October 13, 1971, and repeated in State v. Holderness, 191 N.W.2d 642, 646-647 (Iowa 1971): “In determining whether the State has sustained its burden of establishing a valid waiver by defendant of his constitutionally protected rights in the absence of an express waiver, this court examines the totality of circumstances — the attendant facts of the case — as shown in the record.

12
State v. Andersongreen
iowa · 2001 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021Id. (internal citations omitted). 2 “Clearly, the manifest intent of our legislature prevails over the literal import of the words used.” State v. Anderson, 636 N.W.2d 26, 35 (Iowa 2001). 8 Housley claims Eaton was overruled or made obsolete by the agency’s later decisions.

11
Larry Shawn Whitwer v. Civil Service Commission of the City of Sioux City, Iowagreen
iowa · 2017 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017In Whitwer v. Civil Service Commission, we held that a firefighter with a statutory right to appeal his termination under Iowa Code chapter 400 could waive that right through a last-chance agreement. 897 N.W.2d 112, 121 (Iowa 2017).

11
State v. Fettersgreen
iowa · 1972 · cited in 1 Iowa opinions naming this issue, 1974–1974
1 sentence

1974This court has applied this test in determining similar *596 factual issues. * * * [citing authorities].” See also State v. Holderness, 191 N.W.2d 642, 646 (Iowa 1971) and State v. Fetters, 202 N.W.2d 84, 87-89 (Iowa 1972).

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 (1)

CaseCitedYears
Abel v. Dodge green
iowa · 1967
2 sentences

1971Thus the court on rather tenuous reasoning concluded that in the absence of an express instruction on interest and because of the present worth — figured now in advance —formula, the jury did include interest either by express consideration or in effect, Tenuous as this may be, it is established as the law of this jurisdiction and was followed in Abel v. Dodge, 261 Iowa 1, 10-11 , 152 N.W.2d 823, 828 , with an equally tenuous strengthening when we added: “In the quoted instruction the jury was plainly told in effect to allow, in the event of recovery, the present worth or value of the pecuniar

1971Thus the court on rather tenuous reasoning concluded that in the absence of an express instruction on interest and because of the present worth — figured now in advance —formula, the jury did include interest either by express consideration or in effect, Tenuous as this may be, it is established as the law of this jurisdiction and was followed in Abel v. Dodge, 261 Iowa 1, 10-11 , 152 N.W.2d 823, 828 , with an equally tenuous strengthening when we added: “In the quoted instruction the jury was plainly told in effect to allow, in the event of recovery, the present worth or value of the pecuniar

11971–1971

Where else courts name it

CA 35 (1888–2024) NY 29 (1894–2014) TX 19 (1974–2024) LA 15 (1940–2025) MD 15 (1968–2025) IL 14 (1911–2026) PA 11 (1912–2026) GA 10 (1932–2026) NE 8 (1978–2021) FL 7 (1930–2016) CT 7 (1974–2022) MA 6 (1957–2020) AZ 6 (2004–2022) IA 5 (1971–2021) MO 4 (2012–2016) NH 4 (1988–2002) DE 4 (1980–2022) HI 4 (2001–2009) CO 3 (1995–2025) NJ 3 (1988–1997) WA 3 (1998–2000) OK 3 (1966–2011) VT 3 (1998–2024) OH 3 (1901–2020) MT 3 (1995–2003) VA 3 (2003–2024) AK 3 (1978–2003) MN 2 (1906–2014) WY 2 (2002–2020) AR 2 (1994–2005) AL 2 (2002–2002) NM 2 (1992–2002) OR 2 (1959–1996) IN 2 (1993–2016)

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.

← Caselaw search · G Cite Topics · Brief Check