Legal Opinion

In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa

Supreme Court of Iowa

Decided September 2, 2011No. 10–0652PublishedCited by 20 opinions

1Opinion of the Court

APPEL, Justice.

In this case, we consider the scope of the State’s authority under Iowa Code chapter 804 to detain a person whom the State asserts is a material witness to a crime. The district court concluded that the authority of the State to detain a material witness is extinguished when a trial date is set for the underlying crime and the material witness is served with a subpoena. The State sought an interlocutory appeal from the district court’s order, which we granted. We now affirm the order of the district court for the reasons expressed below.

I. Factual and Procedural Background.

In…

2Cases cited43 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Ashcroft v. al-KiddSupreme Court of the United States · 2011
  3. Stein v. New YorkSupreme Court of the United States · 1953
  4. United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
  5. Galbraith v. County of Santa ClaraCourt of Appeals for the Ninth Circuit · 2002

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3Cited by20 opinions

  1. Alex Wayne Westra v. Iowa Department of TransportationSupreme Court of Iowa · 2019
  2. Alex Wayne Westra v. Iowa Department of TransportationSupreme Court of Iowa · 2019
  3. Amended February 23, 2016 Concerned Citizens of Southeast Polk School District and Jessman Smith v. City Development Board of the State of IowaSupreme Court of Iowa · 2015
  4. Bridgestone Americas, Inc. and Old Republic Insurance Company v. Charles AndersonSupreme Court of Iowa · 2024
  5. Commerce Bank v. Robert R. McGowenSupreme Court of Iowa · 2021

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