Legal Opinion · Dissent

State v. Kappos

Supreme Court of Iowa

Decided September 9, 1971No. 54249Published

1DissentBecker, Justice

I respectfully dissent.

The key question here involves the power of the legislature to delegate to municipalities the right to create a judicial forum which has jurisdiction over crimes (and civil controversies) committed outside the city boundaries. Its jurors are selected entirely from city residents.

One should perhaps start with the observation that municipal courts fill a vital role in city government. They are a necessity until and unless replaced by something better. Here we are talking only about their role in controversies which are confined to matters arising beyond their corporate…

2Cases cited30 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. Hernandez v. TexasSupreme Court of the United States · 1954
  5. Thiel v. Southern Pacific Co.Supreme Court of the United States · 1946

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