Legal Opinion

In Re the Marriage of Ricklefs

Supreme Court of Iowa

Decided January 5, 2007No. 05-1832PublishedCited by 17 opinions

1Opinion of the Court

WIGGINS, Justice.

In this appeal we address whether unreported remarks by a trial judge can be the basis for post-trial motions for recusal and for a new trial. Because there was no record concerning the remarks allegedly made by the trial judge, error was not preserved. Therefore, we vacate that part of the court of appeals decision affirming the district court ruling denying the motions for recusal and for new trial based on the unreported remarks. However, we affirm the district court rulings on these motions for the reason error was not preserved. Additionally, we affirm the decision of…

2Cases cited6 opinions

  1. In Re Murchison.Supreme Court of the United States · 1955
  2. State v. MannSupreme Court of Iowa · 1994
  3. In re F.W.S.Supreme Court of Iowa · 2005
  4. State v. DoggettSupreme Court of Iowa · 2004
  5. State v. HallSupreme Court of Iowa · 1890

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3Cited by17 opinions

  1. Hills Bank & Trust Co. v. ConverseSupreme Court of Iowa · 2009
  2. Ary v. Iowa District Court for Benton CountySupreme Court of Iowa · 2007
  3. Botsko v. Davenport Civil Rights CommissionSupreme Court of Iowa · 2009
  4. State v. BoganSupreme Court of Iowa · 2009
  5. Second Injury Fund of Iowa v. GeorgeSupreme Court of Iowa · 2007

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