McKeever v. Gerard

LARSON, Justice.

Lynn McKeever, plaintiff in this certiorari action, was convicted by a jury, before a judicial magistrate of public intoxication in violation of Iowa Code section 123.46 (1983). Her motions for new trial and judgment notwithstanding the verdict were overruled. Upon the request of McKeever, a deferred judgment was then ordered by the magistrate. See Iowa Code § 907.3. McKeever appealed to a district court judge and simultaneously brought the certiorari action against the magistrate, Steven Gerard, claiming “illegality” within the meaning of Iowa Rule of Civil Procedure 306…