Latest 3 Cases: State v. Meyers (Civil Rights), State v. Veverka (Criminal Law), In re Interest of B.H.A. (Family Law)

Discrimination and the “Leveling Down” Puzzle

MICHAEL C. DORF

Cornell law professor Michael C. Dorf considers how much freedom the government has to “level down” in response to a finding of impermissible discrimination. Dorf discusses several of the U.S. Supreme Court’s precedents on leveling down and points out that these decisions are difficult to reconcile with each other and leave unresolved the questions whether and when leveling down is permissible.

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State v. Meyers

Docket: 18-2222

Opinion Date: January 31, 2020

Judge: Edward M. Mansfield

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction of boating while intoxicated in violation of Iowa Code 462A.14(1), holding that Iowa Department of Natural Resources (DNR) officers had probable cause to stop Defendant's vessel. Two DNR officers were patrolling Lake Panorama, a recreational lake that was created by damming the Middle Raccoon River, when they stopped Defendant's pontoon boat for displaying blue lights in violation of Iowa Code 462A.12(4). The stop revealed that Defendant, the operator of the boat, appeared to be intoxicated. Defendant was charged with boating while intoxicated. Defendant filed a motion to suppress, arguing section 462A.12(4) did not apply because Lake Panorama was not "waters of this state under the jurisdiction of the conservation commission" and there was no probable cause for the stop. The district court denied the motion to suppress. The Supreme Court affirmed, holding that the officers had probable cause to stop the boat because Lake Panorama belongs to the people of Iowa and is not a privately owned lake as defined in section 462A.2(31).

State v. Veverka

Docket: 19-0603

Opinion Date: January 31, 2020

Judge: McDonald

Areas of Law: Criminal Law

In this criminal case in which Defendant was charged with sexually abusing his fourteen-year-old daughter, S.V., the Supreme Court reversed the district court's preliminary ruling that a video recording of a forensic interview of S.V. was not admissible under the residual exception to the hearsay rule, holding that the district court committed two overarching error in its analysis of the preliminary question. After the district court granted Defendant's motion to exclude the forensic interview the State sought a definitive ruling on four of the findings requisite for evidence to be admitted under the residual exception - trustworthiness, materiality, notice, and service of the interests of justice. The district court concluded that the video was not admissible under the residual hearsay exception. The Supreme Court reversed, holding that the district court erred in concluding that it had discretion regarding the admission of the videotape and that the district court's analysis of the preliminary question was contaminated with extraneous considerations relating to confrontation clause jurisprudence.

In re Interest of B.H.A.

Docket: 18-0813

Opinion Date: January 31, 2020

Judge: Christensen

Areas of Law: Family Law, Juvenile Law

The Supreme Court vacated the decision of the court of appeals affirming the determination of the juvenile court that termination of Father's parental rights was not in the child's best interest, holding that Iowa Code chapter 600A's best interest factors weigh in favor of terminating Father's parental rights. Mother petitioned for the termination of Father's parental rights due to abandonment under section 600A.8(3)(b). The juvenile court found that Father statutorily abandoned the child but denied Mother's petition based on its determination that termination was not in the child's best interest. The court of appeals affirmed. The Supreme Court vacated the court of appeals' decision and reversed the judgment of the district court, holding that the juvenile court erred in concluding that termination of Father's parental rights was not proper under chapter 600A.