Legal Opinion

State of Iowa v. Brian Patrick Clemens

Supreme Court of Iowa

Decided October 27, 2017No. 16–2087PublishedCited by 45 opinions

1Opinion of the Court

MANSFIELD, Justice.

I. Introduction.

What is a “criminal case”? Today, we are asked to answer this seemingly simple question in the context of Iowa’s recently enacted expungement law. That law mandates expungement of the record when “[t]he criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.” Iowa Code § 901C.2(l)(a)(l) (2017).

In 2011, the defendant in this case was charged with several aggravated misdemeanors in a multicount trial information. At approximately the same time, he…

2Cases cited14 opinions

  1. Nick Rhoades v. State of IowaSupreme Court of Iowa · 2014
  2. State v. PariagOhio Supreme Court · 2013
  3. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015
  4. Stoddard v. StateCourt of Appeals of Maryland · 2006
  5. State of Iowa v. Daimonay Darice RichardsonSupreme Court of Iowa · 2017

9 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. State of Iowa v. Jane DoeSupreme Court of Iowa · 2019
  2. Paul J. Burroughs, Kenneth Burroughs, Terri Spinner, David Spinner, Sean Harvey, And Ty Harvey v. The City Of Davenport Zoning Board Of Adjustment, The City Of Davenport, Iowa, An Iowa Municipal Corporation, And MZ Annie-Ru Daycare Center, An Iowa Limited Liability CompanySupreme Court of Iowa · 2018
  3. United States v. State of IowaCourt of Appeals for the Eighth Circuit · 2025
  4. Adnan Sahinovic v. State of IowaSupreme Court of Iowa · 2020
  5. Adnan Sahinovic v. State of IowaSupreme Court of Iowa · 2020

40 more not listed; retrieve them via the Exa API.

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