At Hall Law Firm, P.L.C. we often hear people say, “we want to get a divorce as cheaply as possible” or “we already have everything worked out, so I don’t think we need an attorney”. Unfortunately, this is not often accurate. Couples can complete agreements without completely understanding all their rights under the law or…
In an informative decision regarding the expansion of traffic stops by law enforcement, the Iowa Supreme Court held that when law enforcement, after making a valid traffic stop supported by reasonable suspicion, determines that the underlying reason for the stop is no longer present, must terminate the stop. For example, when a law enforcement officer…
The Iowa Supreme Court recently handed down a decision regarding evidence obtained after a police officer searched a closed backpack. A police officer conducted a warrantless search of the defendant’s backpack. However, a third party, not the defendant, consented to the search of the defendant’s backpack. The defendant’s counsel moved to suppress the evidence found…
Former husband and former wife had a joint physical care arrangement; i.e., “shared care” arrangement where former wife had the child eight days and the former husband had the child six days. Eventually, former wife decided to move an hour-and-a-half away with her new husband. Both parties thereafter sought to modify the physical care arrangement…
The issue in this case was whether there was a substantial change in circumstances to warrant a change in physical custody of the children. The Iowa Court of Appeals said yes. Former husband and former wife had a joint physical care arrangement where each parent had the children approximately 50% of the time. Ultimately, the Iowa Court…
One of the issues the Iowa Supreme Court decided in the most recent decision in State v. Lopez (2015) was whether the prosecutor breached its duty to honor its plea agreement during the sentencing hearing. Specifically, whether the prosecutor in this case, who recited the plea agreement verbatim to recommend a deferred judgment and probation without mentioning…
Two individuals in a car after closing time were parked in a parking lot. Police Officer while on routine patrol noticed two vehicles in a parking lot with their lights on. The police officer could not tell if there were individuals inside the vehicles. He continued on with his patrol and eventually drove by the same parking lot…
The Supreme Court of the United States recently heard arguments in Walker v. Texas Div., Sons of Confederate Veterans, Inc., on March 23, 2015. The State of Texas has a license plate scheme where private citizens or groups may submit designs for specialized state-issued license plates that, upon approval by the Texas Department of Motor Vehicles…
It is possible to get spousal support for life under specific circumstances. The Iowa Supreme Court upheld a ruling, saying spousal support for life is fair and equitable. However, there were very specific circumstances in the case (In re Marriage of Gust, 858 N.W.2nd 402, 2015) that led to the court’s decision. Among these: The…
Defendant, Michael Jacobsma, in this case challenged a citation that was issued to him for a speeding violation under an automated traffic enforcement ordinance enacted by the City of Sioux City. Jacobsma challenged the ordinance, among other things, on constitutional grounds; more specifically that it violated due process, specifically substantive due process. Jacobsma’s main argument…
