shield defense (Iowa) · Go Syfert
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shield defense in Iowa

5 Iowa opinions name it 1 courts 1924–2005 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.

Followed or applied (4)

CaseFollowedCited
Semler v. Oertwiggreen
iowa · 1943 · cited in 2 Iowa opinions naming this issue, 1946–2005
2 sentences

2005We recognized that the purpose of such legislation was “to protect both the nation and the interests of those engaged in its defense, keeping in mind, nevertheless, that it is to be used as a shield for defense, and not as a sword for attack or as an instrument for the oppression of opposing parties.” Semler, 234 Iowa at 241 , 12 N.W.2d at 270 (emphasis added).

2005We recognized that the purpose of such legislation was “to protect both the nation and the interests of those engaged in its defense, keeping in mind, nevertheless, that it is to be used as a shield for defense, and not as a sword for attack or as an instrument for the oppression of opposing parties.” Semler, 234 Iowa at 241 , 12 N.W.2d at 270 (emphasis added).

12
Squealer Feeds v. Pickeringgreen
iowa · 1995 · cited in 1 Iowa opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., In re Marriage of Hutchinson, 588 N.W.2d 442, 447 (Iowa 1999) (physician-patient privilege yields where the patient has brought mental or physical condition of patient into issue as basis for claim or as a defense); Squealer Feeds v. Pickering, 530 N.W.2d 678, 684 (Iowa 1995); State v. Bastedo, 253 Iowa 103, 112 , 111 N.W.2d 255, 260 (1961) (waiver of attorney-client privilege where client sues attorney for breach of duty, fraud, or other improper or unprofessional conduct).

11
In Re the Marriage of Hutchinsongreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., In re Marriage of Hutchinson, 588 N.W.2d 442, 447 (Iowa 1999) (physician-patient privilege yields where the patient has brought mental or physical condition of patient into issue as basis for claim or as a defense); Squealer Feeds v. Pickering, 530 N.W.2d 678, 684 (Iowa 1995); State v. Bastedo, 253 Iowa 103, 112 , 111 N.W.2d 255, 260 (1961) (waiver of attorney-client privilege where client sues attorney for breach of duty, fraud, or other improper or unprofessional conduct).

11
State v. Bastedogreen
iowa · 1961 · cited in 1 Iowa opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., In re Marriage of Hutchinson, 588 N.W.2d 442, 447 (Iowa 1999) (physician-patient privilege yields where the patient has brought mental or physical condition of patient into issue as basis for claim or as a defense); Squealer Feeds v. Pickering, 530 N.W.2d 678, 684 (Iowa 1995); State v. Bastedo, 253 Iowa 103, 112 , 111 N.W.2d 255, 260 (1961) (waiver of attorney-client privilege where client sues attorney for breach of duty, fraud, or other improper or unprofessional conduct).

2002See, e.g., In re Marriage of Hutchinson, 588 N.W.2d 442, 447 (Iowa 1999) (physician-patient privilege yields where the patient has brought mental or physical condition of patient into issue as basis for claim or as a defense); Squealer Feeds v. Pickering, 530 N.W.2d 678, 684 (Iowa 1995); State v. Bastedo, 253 Iowa 103, 112 , 111 N.W.2d 255, 260 (1961) (waiver of attorney-client privilege where client sues attorney for breach of duty, fraud, or other improper or unprofessional conduct).

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 (2)

CaseCitedYears
State v. Rowley green
iowa · 1924
1 sentence

1943It was not intended as a sword for offense, but as a shield for defense to those who are accused of crime. ’ ’ In State v. Rowley, 198 Iowa 613, 615 , 198 N. W. 37 , 38, 199 N. W. 369 , error dismissed 269 U. S. 594 , 46 S. Ct. 27 , 70 L.

11943–1943
State v. Smith neutral
iowa · 1898
1 sentence

1924The statute in question is not intended “as a sword for offense, but as a shield for defense to those who are accused of crime.” State v. Smith, 106 Iowa 701 .

11924–1924

Where else courts name it

CT 31 (1985–2021) FL 19 (1931–2022) NY 14 (1875–2017) CA 13 (1947–2020) OH 11 (1942–2024) NJ 9 (1962–2005) PA 9 (1960–2021) MA 9 (1976–2025) KS 8 (1902–2013) MO 8 (1967–2021) WI 5 (1987–2013) MD 5 (1975–2019) AL 5 (1910–2012) IA 5 (1924–2005) TX 4 (1976–2024) NC 4 (1980–2025) GA 4 (1985–1997) DC 3 (1991–2025) ID 3 (1953–1989) CO 3 (1918–2023) ND 3 (1973–1992) WA 3 (1986–2018) IN 3 (1916–2014) VA 3 (1965–2014) MI 3 (1966–1992) LA 2 (1995–2000) HI 2 (1915–1999) IL 2 (1946–1986) NM 2 (2012–2012) WV 2 (1978–1991) OR 2 (1914–1971) OK 2 (2003–2012) KY 2 (1932–2012) TN 2 (2002–2003) NE 2 (1953–1982)

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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