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5 Iowa opinions name it 1 courts 1977–1985 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.
| Case | Followed | Cited |
|---|---|---|
State v. Martingreen2 sentences1984See State v. Beverlin, 263 N.W.2d 535, 538 (Iowa 1978); State v. Martin, 243 Iowa 1323, 1329 , 55 N.W.2d 258, 262 (1952). 1984See State v. Beverlin, 263 N.W.2d 535, 538 (Iowa 1978); State v. Martin, 243 Iowa 1323, 1329 , 55 N.W.2d 258, 262 (1952). | 1 | 1 |
State v. Beverlingreen1 sentence1984See State v. Beverlin, 263 N.W.2d 535, 538 (Iowa 1978); State v. Martin, 243 Iowa 1323, 1329 , 55 N.W.2d 258, 262 (1952). | 1 | 1 |
United States v. William F. Schoenhut, Jrgreen1 sentence1982Generally a variance is “not material where the allegations and proof substantially correspond, or where the variance is not of a character which could have misled the defendant at the trial, provided that it is not such as to deprive the accused of his right to be protected against another prosecution for the same offense.” 41 Am.Jur.2d Indictments § 262, at 1039-40 (1968); see, e.g., United States v. Schoenhut, 576 F.2d 1010, 1021-22 (3d Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978); State v. Hoover, 219 Or. 288, 317 , 347 P.2d 69, 83 (1959). 12 . | 1 | 1 |
State v. Hoovergreen2 sentences1982Generally a variance is “not material where the allegations and proof substantially correspond, or where the variance is not of a character which could have misled the defendant at the trial, provided that it is not such as to deprive the accused of his right to be protected against another prosecution for the same offense.” 41 Am.Jur.2d Indictments § 262, at 1039-40 (1968); see, e.g., United States v. Schoenhut, 576 F.2d 1010, 1021-22 (3d Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978); State v. Hoover, 219 Or. 288, 317 , 347 P.2d 69, 83 (1959). 12 . 1982Generally a variance is “not material where the allegations and proof substantially correspond, or where the variance is not of a character which could have misled the defendant at the trial, provided that it is not such as to deprive the accused of his right to be protected against another prosecution for the same offense.” 41 Am.Jur.2d Indictments § 262, at 1039-40 (1968); see, e.g., United States v. Schoenhut, 576 F.2d 1010, 1021-22 (3d Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978); State v. Hoover, 219 Or. 288, 317 , 347 P.2d 69, 83 (1959). 12 . | 1 | 1 |
Clarke v. Percygreen1 sentence1982Generally a variance is “not material where the allegations and proof substantially correspond, or where the variance is not of a character which could have misled the defendant at the trial, provided that it is not such as to deprive the accused of his right to be protected against another prosecution for the same offense.” 41 Am.Jur.2d Indictments § 262, at 1039-40 (1968); see, e.g., United States v. Schoenhut, 576 F.2d 1010, 1021-22 (3d Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978); State v. Hoover, 219 Or. 288, 317 , 347 P.2d 69, 83 (1959). 12 . | 1 | 1 |
Hitcheva v. Division of State Lands of Oregongreen1 sentence1982Generally a variance is “not material where the allegations and proof substantially correspond, or where the variance is not of a character which could have misled the defendant at the trial, provided that it is not such as to deprive the accused of his right to be protected against another prosecution for the same offense.” 41 Am.Jur.2d Indictments § 262, at 1039-40 (1968); see, e.g., United States v. Schoenhut, 576 F.2d 1010, 1021-22 (3d Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 450 , 58 L.Ed.2d 421 (1978); State v. Hoover, 219 Or. 288, 317 , 347 P.2d 69, 83 (1959). 12 . | 1 | 1 |
State v. Connergreen1 sentence1979See State v. Templeton, 258 N.W.2d 380, 382 (Iowa 1977) (“When specific intent is an element of the crime charged, evidence of voluntary intoxication is material and if sufficient to prevent the defendant from forming the requisite intent may entitle him to an acquittal.”); State v. Conner, 241 N.W.2d 447, 463 (Iowa 1976) (“Unlike the common-law felony-murder rule, and statutes in most other jurisdictions, § 690.2 does not make all killings in perpetration of the designated felonies murder. | 1 | 1 |
State v. Templetongreen1 sentence1979See State v. Templeton, 258 N.W.2d 380, 382 (Iowa 1977) (“When specific intent is an element of the crime charged, evidence of voluntary intoxication is material and if sufficient to prevent the defendant from forming the requisite intent may entitle him to an acquittal.”); State v. Conner, 241 N.W.2d 447, 463 (Iowa 1976) (“Unlike the common-law felony-murder rule, and statutes in most other jurisdictions, § 690.2 does not make all killings in perpetration of the designated felonies murder. | 1 | 1 |
State v. Thomasgreen1 sentence1977See State v. Thomas, 219 N.W.2d 3, 5-6 (Iowa 1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kyle v. State
green
2 sentences1985We held in Kyle v. State, 322 N.W.2d at 307 , that “the State’s emphasis on felony murder appears to be no more than a matter of strategy to reduce the effectiveness of defendant’s diminished responsibility defense.” Since the trial information was never amended and the State in fact attempted to prove premeditation during the degree-of-guilt hearing, the State could rely upon both theories, felony-murder and premeditated murder. 1985Id. | 1 | 1985–1985 |
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.