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Legal Opinion

Atwood v. Vilsack

Supreme Court of Iowa

Decided December 29, 2006No. 05-0485PublishedCited by 47 opinions

1Opinion of the Court

HECHT, Justice.

The United States District Court for the Southern District of Iowa has certified to us the following question: Are pre-trial detainees being held pursuant to Iowa Code chapter 229A (2005) entitled to bail under either the common law or the Iowa Constitution?

I. Background Facts and Proceedings.

The petitioners are a certified class consisting of “ ‘[a]ll present and future pretrial detainees held by the Iowa Department of Corrections, awaiting hearing on their Iowa Code [cjhapter 229A petition, or who were committed pursuant to Iowa Code [cjhapter 229A.’ ” Atwood v. Vilsack, 338…

2Cases cited41 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Foucha v. LouisianaSupreme Court of the United States · 1992
  4. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  5. United States v. Verdugo-UrquidezSupreme Court of the United States · 1990

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3Cited by47 opinions

  1. Rozanne E. King Alisha Jane King Dacie S. Houston, Individually and as Mother and Next Friend of Skylar Dwayne Ostrander, Chay Cortez Ostrander, and Adlia William Cortez Flood III Brandy R. Drake, Individually and as Mother and Next Friend of Logan Genner Luhmann, Susan Maule, Stephanie Maule, and Jacob Maule Michael Campbell, Individually and as Father and Next Friend of George Campbell and SophSupreme Court of Iowa · 2012
  2. Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.Supreme Court of Iowa · 2019
  3. State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
  4. In Re Detention of HenningsSupreme Court of Iowa · 2008
  5. Formaro v. Polk CountySupreme Court of Iowa · 2009

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