Legal Opinion
Johnson v. Miller
Supreme Court of Iowa
Decided October 18, 1978No. 60537PublishedCited by 9 opinions
1Opinion of the Court
HARRIS, Justice.
We granted certiorari to test a local court rule which requires a criminal defendant to give pretrial notice of certain affirmative defenses. We find the rule, properly applied, would not be unconstitutional. We therefore annul the writ.
Petitioner was charged with both possession and delivery of controlled substances in violation of § 204.401, The Code, 1977. In preparing her defense she was confronted with rule 26(f)(7), a local court rule of the fifth judicial district of Iowa. The rule applies only to Polk County. It provides:
“Where the Defendant pleads not guilty and…
2Cases cited5 opinions
- Wardius v. OregonSupreme Court of the United States · 1973
- State v. PetersonSupreme Court of Iowa · 1974
- Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
- State Ex Rel. Turner v. LimbrechtSupreme Court of Iowa · 1976
- State v. RourickSupreme Court of Iowa · 1953
3Cited by9 opinions
- State v. MarchellinoSupreme Court of Iowa · 1981
- Muscatine County Attorney Alan R. Ostergren v. Iowa District Court for Muscatine CountySupreme Court of Iowa · 2015
- Amended July 16, 2015 Muscatine County Attorney Alan R. Ostergren v. Iowa District Court for Muscatine CountySupreme Court of Iowa · 2015
- Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015
- Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015
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