Latest 4 Cases: State v. El-Amin (Criminal Law), State v. Shackford (Criminal Law), In re J.H. (Family Law)

Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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State v. El-Amin

Docket: 19-0925

Opinion Date: December 18, 2020

Judge: Thomas D. Waterman

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming one of Defendant's two convictions of sexual abuse in the third degree based on an aiding-and-abetting theory, holding that the contested count was supported by a factual basis. Defendant raped a woman, G.S., and then forced his companion, J.C., to have sex with the same woman against both of their wills. Defendant pled guilty to two counts of sexual abuse in the third degree. The victim in count I was identified as G.S., and the victim in count II was identified as J.C. On appeal, Defendant argued that there was no evidence that he committed a sex act against J.C. The court of appeals affirmed. The Supreme Court affirmed, holding that J.C. was a victim because Defendant forced him to commit a sex act against his will.

State v. Shackford

Docket: 18-1215

Opinion Date: December 18, 2020

Judge: McDermott

Areas of Law: Criminal Law

In this appeal from a court of appeals decision affirming Defendant's resentencing without eliminating the jail fees relating to the count on which Defendant was acquitted on appeal, the Supreme Court reversed the assessment of $4935 in posttrial fees, holding that Defendant's reimbursement obligation must be reduced. Defendant was found guilty of two crimes, including a forcible felony. While Defendant was confined in the county jail until his sentencing, the sheriff filed a reimbursement claim for jail fees against Defendant. The court of appeals reversed Defendant's forcible felony conviction. On resentencing, the district court revised Defendant's prison sentence but left untouched the jail fees resulting from the dismissed conviction. The court of appeals affirmed. The Supreme Court reversed in part, holding that Defendant's reimbursement obligation under Iowa Code 356.7 must be reduced by $4935 because the costs for Defendant's confinement in the county jail were clearly attributed to the forcible felony charge on which Defendant ultimately received an acquittal.

In re J.H.

Docket: 20-0854

Opinion Date: December 18, 2020

Judge: Christensen

Areas of Law: Family Law

The Supreme Court vacated the decision of the court of appeals and affirmed the order of the juvenile court terminating Father's parental rights, holding that the State proved the grounds for termination of Father's parental rights and that termination was in the child's best interests. Father had a history of involvement with the Iowa Department of Human Services due to his issues with domestic violence, substance abuse, cognitive functioning, and mental health, leading to the termination of his parental rights to ten other children. In this case, Father's issues led to the removal of another child upon birth. When the child developed serious health issues, Father showed no interest in the child's medical care and failed to gain understanding of how to care for the child's medical needs. Ultimately, the juvenile court terminated Father's parental rights. The Supreme Court affirmed, holding that Father remained incapable of safely caring for the child, and there was no indication that his parenting abilities would adequately improve in the foreseeable future.

In re N.C.

Docket: 20-0833

Opinion Date: December 18, 2020

Judge: McDonald

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the juvenile court's dismissal of the State's petition to adjudicate a child, N.C., in need of assistance pursuant to Iowa Code 232.2(6)(b), (d), and (p), but revering the dismissal on the ground set forth in (d), holding that the State satisfied its burden of proof to adjudicate N.C. a child in need of assistance pursuant to Iowa Code 232.2(6)(d). Section 232.2(6)(d) defines a child in need of assistance as a child who "has been, or is imminently likely to be, sexually abused by the child's parent, guardian, custodian, or other member of the household in which the child resides." The Supreme Court held that N.C.'s report of sexual abuse in this case was credible and that the State satisfied its burden of proof.