Pardonne-Moi

SHERRY F. COLB

Cornell Law professor Sherry F. Colb describes the assumptions inherent in the executive pardon power and explains why the purpose of the presidential pardon forecloses the possibility of a self-pardon. Colb argues that the only person who would dare to try to grant a self-pardon—one who lacks empathy—is the very one who should not be exercising the pardon power at all.

Read More

State v. Boothby

Docket: 19-0454

Opinion Date: December 11, 2020

Judge: Oxley

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions for assault with a dangerous weapon and third degree criminal mischief, holding that Iowa R. Evid. 5.701 and 5.702 did not require certain testimony concerning historical cell site data to be presented by an expert. Investigating officers used Defendant's cell phone records to place him in the general vicinity at the time of the incident giving rise to Defendant's convictions. On appeal, Defendant argued that his counsel provided ineffective assistance by not challenging the phone records as inadmissible hearsay and by not challenging the testimony provided by an officer as an unqualified expert. The Supreme Court affirmed, holding (1) the testimony at issue was not based on specialized knowledge and thus did not require an expert; and (2) therefore, Defendant's counsel was not ineffective for failing to challenge the phone records or the officer's testimony.

State v. Buelow

Docket: 18-0733

Opinion Date: December 11, 2020

Judge: Christensen

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the district court convicting Defendant of second-degree murder, holding that the exclusion of evidence regarding the victim's mental health records and the limitation of testimony on those records was not harmless error. On appeal, Defendant argued that the district court erred when it excluded his mental health records at trial and limited review of those records and erred in forbidding lay testimony on the victim's suicidal behavior. The court of appeals reversed on the evidentiary rulings regarding Defendant's medical records. The Supreme Court affirmed, holding (1) evidence of a person's suicidal disposition is not properly analyzed as character evidence under the Iowa Rules of Evidence in cases where the defendant alleges suicide; (2) the temporal proximity of the medical records was not too remote to be relevant to Defendant's defense that the victim committed suicide; and (3) the exclusion of the victim's medical records and limitation of related admissible testimony was not harmless error.