The Dreadful Failure of Lethal Injection

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—comments on the decomposition of the legal injection paradigm over the past few decades, since it was first adopted in Oklahoma in 1999. Professor Sarat observes the evolution of the procedure over time and points out that none of the changes has resolved lethal injection’s fate or repaired its vexing problems.

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Let’s Talk About Sex, Baby: State Representative Ana-Maria Ramos Introduces Bill to Repeal Parental Consent Requirement for Birth Control

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a Texas bill that would allow teens to access birth control without parental involvement. Professor Grossman describes the current state of reproductive health laws and policies in Texas and explains why the proposed bill is so important.

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State v. Hillery

Docket: 19-0725

Opinion Date: March 19, 2021

Judge: Thomas D. Waterman

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

The Supreme Court reversed the judgment of the district court granting Defendant's motion to suppress physical evidence and statements based on a police officer's alleged promise of leniency, holding that there was no improper promise of leniency. The officer at issue initiated a Terry stop on a public stop after observing Defendant make a possible drug buy. The officer told Defendant if he cooperated he would not be arrested that day but may be arrested later. Three months after Defendant handed over crack cocaine and marijuana the officer charged him with possession. The trial court granted Defendant's motion to suppress, concluding that the evidence obtained after the officer promised leniency was fruit of the poisonous tree. The Supreme Court reversed, holding that the officer did not improperly promise leniency.

Carter v. Carter

Docket: 18-0296

Opinion Date: March 19, 2021

Judge: Christensen

Areas of Law: Criminal Law, Personal Injury

The Supreme Court affirmed the judgment of the district court determining that Jason Carter was civilly liable for the death of his mother, Shirley Carter, holding that the district court did not abuse its discretion. Jason was civilly accused by his father and brother of intentionally shooting his mother. After a jury determined that Jason was civilly liable the State charged Jason with first degree murder. As a result of discovery from that criminal proceeding, Jason was acquitted murder. Jason later filed a second petition to vacate the judgment based on newly discovered evidence. The district court dismissed the petition. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in denying Jason’s motion for continuance, judgment notwithstanding the verdict, first petition to vacate the judgment, and motion for recusal; (2) properly denied Jason's motion to quash a subpoena to the Iowa Department of Criminal Investigations; and (3) lacked jurisdiction to hear this second petition to vacate the judgment because it was untimely.

Lewis v. Howard L. Allen Investments, Inc.

Docket: 19-1640

Opinion Date: March 19, 2021

Judge: McDermott

Areas of Law: Landlord - Tenant, Personal Injury, Real Estate & Property Law

The Supreme Court affirmed the ruling of the district court granting summary judgment dismissing Kristina Lewis's negligence claims against Howard L. Allen Investments, Inc. (Allen Investments), holding that Allen Investments did not owe a duty to protect Lewis from the harm she suffered. Allen Investments sold a house under a contract of sale that required the buyers to make monthly payments for ten years. Five years into the payment period the buyers leased the house to Lewis and her fiancé. The house subsequently caught fire, causing Lewis to suffer serious injuries. Lewis brought this negligence action against the buyers and Allen Investments. The district court granted summary judgment for Allen Investments, concluding that the company, as a contract seller, owed no duty to Lewis. The Supreme Court affirmed, holding (1) Allen Investments was not the landlord of the property under Iowa's Uniform Residential Landlord and Tenant Act, Iowa Code chapter 562A; and (2) Allen Investments owed no duty of care to Lewis to maintain the property.

Valles v. Mueting

Docket: 19-1066

Opinion Date: March 19, 2021

Judge: Christensen

Areas of Law: Medical Malpractice

The Supreme Court dismissed this appeal from a jury verdict in favor of Defendants in this medical malpractice action, holding that Plaintiff failed to timely file her notice of appeal. Plaintiff, individually and on behalf of her minor son, brought this lawsuit alleging that her son developed severe, disabling injuries from bacterial meningitis and that Defendants were liable for medical negligence and parental loss of consortium. The jury returned a verdict in favor of Defendants. Plaintiff appealed, presenting several issues. The Supreme Court dismissed the appeal, holding that the appeal was untimely and should be dismissed under Iowa R. App. P. 6.101(1)(b).

Fulps v. City of Urbandale

Docket: 19-0221

Opinion Date: March 19, 2021

Judge: Edward M. Mansfield

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the trial court dismissing this lawsuit brought by an injured pedestrian against a city over a defective city sidewalk, holding that the trial court erred in dismissing the case for failure to state a claim based on the public duty doctrine. Plaintiffs sued the City of Urbandale claiming that the City had failed properly to maintain, repair, and warn about a dangerous and uneven sidewalk, causing her injuries. The district court granted the City's motion to dismiss, concluding that the public-duty doctrine barred Plaintiffs' claims. The Supreme Court reversed, holding that the pleading was sufficient to avoid application of the public-duty doctrine for motion-to-dismiss purposes.