Supreme Court -- road trip!

The state Judicial Branch just announced the Supreme Court will hear oral arguments in Cedar Rapids this May. Earlier this month, the Court of Appeals stopped to hear oral arguments in Iowa City. 

Here's the release:

March 30, 2011Contact: Steve Davis, Court Communications Officer, (515)725-8058Iowa Supreme Court to Hear Oral Arguments in Cedar RapidsDes Moines, March 30, 2011- On May 19, the Iowa Supreme Court will hear oral arguments in Cedar Rapids. The proceeding will take place at the College Community School District Concert Hall, located at the west end of Prairie High School. The session will begin at 7 p.m. There will be a public reception immediately following the proceeding.The court will hear lawyers argue in two cases:Under Iowa law, can a person injured by another who has since passed away recover punitive damages from the deceased person's estate? In this case a property owner seeks punitive damages from the estate of his now deceased neighbor who removed trees from and devalued the property owner's land.The lawyers are: Theodore R. Hoglan of Condon & Hoglan Law Firm, Marshalltown and Barry S. Kaplan & Melissa A. Nine of Kaplan, Frese & Nine, LLP, Marshalltown.Does Iowa's material witness statute allow the State to detain a witness to a felony-in this case murder-until the time of trial?The lawyers are: Sharon K. Hall of Office of the Attorney General, Des Moines, and Rachel C.B. Antonuccio of Iowa City.Attorneys' briefs for the two cases and a "Guide to Oral Arguments" are posted on the Judicial Branch website at: "The Court looks forward to visiting Cedar Rapids and the surrounding communities," Chief Justice Mark Cady said. "Oral arguments are open to the public, but many people cannot make the trip to Des Moines to watch the proceedings. This will be the first time in more than a decade that the court has heard oral arguments offsite, but it is a matter of routine for other state supreme courts to hear oral arguments away from their judicial branch buildings. We will hear the oral arguments in the evening so as many people as possible may attend. This is an opportunity for more Iowans to see firsthand how the justice system and the rule of law operate to settle disputes and ensure the rights of all Iowans are fairly and impartially protected."Note to Editors: News media are invited to attend the oral arguments. Court rules regarding expanded media coverage apply.The Iowa Supreme Court is comprised of seven justices appointed by the governor from a slate of three nominees selected by the state judicial nominating commission. Court members are: Chief Justice Mark Cady and associate justices David Wiggins, Daryl Hecht, Brent Appel, Thomas Waterman, Edward Mansfield and Bruce Zager.The supreme court will hear cases transferred from a lower court for a review of the lower court decision. During the oral arguments, the court does not conduct trials, hear witnesses or admit new evidence. The court will determine whether legal errors were committed in the rendering of the lower court's judgment or order. The appellate court can affirm-uphold the decision or order of the lower court, reverse-set aside the decision or order, or remand-send the case back to the lower court with instructions, including instructions to hold a new trial.

Contact: Steve Davis, Court Communications Officer, (515)725-8058

Iowa Supreme Court to Hear Oral Arguments in Cedar Rapids

Des Moines, March 30, 2011- On May 19, the Iowa Supreme Court will hear oral arguments in Cedar Rapids. The proceeding will take place at the College Community School District Concert Hall, located at the west end of Prairie High School. The session will begin at 7 p.m. There will be a public reception immediately following the proceeding.

The court will hear lawyers argue in two cases:

10-1088, In re Estate of Vajgrt

Under Iowa law, can a person injured by another who has since passed away recover punitive damages from the deceased person's estate? In this case a property owner seeks punitive damages from the estate of his now deceased neighbor who removed trees from and devalued the property owner's land.

The lawyers are: Theodore R. Hoglan of Condon & Hoglan Law Firm, Marshalltown and Barry S. Kaplan & Melissa A. Nine of Kaplan, Frese & Nine, LLP, Marshalltown.

10-0652, In re Marshall

Does Iowa's material witness statute allow the State to detain a witness to a felony-in this case murder-until the time of trial?

The lawyers are: Sharon K. Hall of Office of the Attorney General, Des Moines, and Rachel C.B. Antonuccio of Iowa City.

Attorneys' briefs for the two cases and a "Guide to Oral Arguments" are posted on the Judicial Branch website at: www.iowacourts.gov/Supreme_Court/Offsite_Oral_Arguments/

"The Court looks forward to visiting Cedar Rapids and the surrounding communities," Chief Justice Mark Cady said. "Oral arguments are open to the public, but many people cannot make the trip to Des Moines to watch the proceedings. This will be the first time in more than a decade that the court has heard oral arguments offsite, but it is a matter of routine for other state supreme courts to hear oral arguments away from their judicial branch buildings. We will hear the oral arguments in the evening so as many people as possible may attend. This is an opportunity for more Iowans to see firsthand how the justice system and the rule of law operate to settle disputes and ensure the rights of all Iowans are fairly and impartially protected."

Note to Editors: News media are invited to attend the oral arguments. Court rules regarding expanded media coverage apply.

The Iowa Supreme Court is comprised of seven justices appointed by the governor from a slate of three nominees selected by the state judicial nominating commission. Court members are: Chief Justice Mark Cady and associate justices David Wiggins, Daryl Hecht, Brent Appel, Thomas Waterman, Edward Mansfield and Bruce Zager.

The supreme court will hear cases transferred from a lower court for a review of the lower court decision. During the oral arguments, the court does not conduct trials, hear witnesses or admit new evidence. The court will determine whether legal errors were committed in the rendering of the lower court's judgment or order. The appellate court can affirm-uphold the decision or order of the lower court, reverse-set aside the decision or order, or remand-send the case back to the lower court with instructions, including instructions to hold a new trial.

The supreme court regularly hears oral arguments in the Judicial Branch Building in Des Moines. Oral arguments are open to the public. The supreme court will next hear cases in Des Moines April 27 and May 18.