CRIMINAL LAW AND PROCEDURE

Admissibility of Proof of an Assault Victim’s Specific Instances of Conduct as an Essential Element of a Self-Defense Claim Under Iowa Rule of Evidence 405…..39:401

The Admissibility of Victim Impact Statements at Capital Sentencing: Traditional and Nontraditional Perspectives…..50:67

AIDS Behind Bars: Judicial Barriers to Prisoners’ Constitutional Claims…..45:527

An Anomaly in Criminal Appeal…..2:66

Arrest Without Warrant in Iowa…..19:441

Bail Bondsmen and Bounty Hunters: Re-Examining the Right to Recapture…..47:877

Baltimore City Department of Social Services v. Bouknight, 493 U.S. 549 (1990)—A Natural Mother Who Is the Physical Custodian of Her Infant Child Pursuant to a Court Order May Not Invoke the Fifth Amendment Privilege Against Self-Incrimination to Resist a Court Order to Produce the Child…..41:215

Bankrupt’s Immunity from the Use or Derivative Use of His Bankruptcy Testimony in a Subsequent Criminal Proceeding…..25:465

Blood Alcohol Tests and the Fourth and Fifth Amendments…..17:231

Blood Sugar Sex Magik: A Review of Postconviction DNA Testing Statutes and Legislative Recommendations…..59:799

Breed v. Jones (U.S. 1975)—Double Jeopardy Clause Forbids Adult Trial of Youth who Has Already Been Placed in Jeopardy by Juvenile Court Proceedings that Determined Youth Committed Criminal Acts and Is Unsuitable for Care and Treatment within the Juvenile Court System…..25:503

Brown v. Illinois (U.S. 1975)—Giving of Miranda Warnings Does Not Per Se Purge the Taint of Unlawful Arrest and Render Post Arrest Statements Admissible…..25:513

Butler v. Pension Bd. of Police Dept. (Iowa 1966)—The Substantial Evidence Test Will Not Prevent Issuance of a Writ of Certiorari where a Manifest Injustice would Otherwise Result…..17:118

Certiorari: Advantage of State in Criminal Cases…..17:255

Children are Different: Why Iowa Should Adopt a Categorical Ban on Life Without Parole Sentences for Juvenile Homicide Offenders…..63:311

Civil Consequences of Conviction for a Felony…..12:141

Civil Liability of Citizen Assisting in False Arrest…..5:45

Compulsory Sterilization: Weeding Mendel’s Garden…..22:355

Confessions: What Constitutes a Violation of Due Process of Law?…..4:123

Constitution and Criminal Punishment: The Emerging Visions of Justices Scalia and Thomas…..43:593

A Constitutional and Statutory Assessment of Civil Forfeiture of an Intoxicated Driver’s Vehicle: Should Iowa Follow the “Get-Tough” Approach?…..49:641

A Constitutional Balance Between Fair Trials and Free Press…..17:1

Convicting the Innocent in Capital Cases: Criteria, Evidence, and Inference…..52:587

Correcting Miscarriages of Justice: The Role of Criminal Cases Review Commission…..52:657

County of Riverside v. McLaughlin, 111 S. Ct. 1661 (1991)—Determinations of Probable Cause After a Warrantless Arrest Made as Soon as Reasonably Possible, but No Later than Forty-Eight Hours After Arrest, Are Constitutional Under the Fourth Amendment…..42:687

Coy v. Iowa, 108 S. Ct. 2798 (1988)—The Sixth Amendment Confrontation Right of a Criminal Defendant Charged with Lascivious Acts with Children Is Violated by Placing a Screen in the Courtroom Which Blocked the Defendant from the View of Testifying Victims…..38:147

Criminal Jury Trials in Iowa: A Time for Revision…..31:187

Criminal Pretrial Discovery in Iowa…..19:164

Criminal Pretrial Discovery: In Search of the “Plain Mandate” of the Rule Governing the State’s Obligation to Furnish Minutes of Testimony…..34:795

Criminal Procedure in the 1960s: A Reality Check…..42:179

Cruel and Unusual: The Story of Leandro Andrade…..52:1

The Dangers of Eyewitness Identifications and the Need for Change in Iowa…..57:985

Defenses to the Preclusive Rule of Wainwright v. Sykes…..28:571

Demonstrative Evidence in Iowa…..10:44

Des Moines Pre-Trial Release Project 1964-1965…..14:98

DNA Fingerprinting: A Revolutionary Technique in Forensic Science and Its Probable Effect on Criminal Evidentiary Law…..37:1

Do the United States Sentencing Guidelines Deprive Defendants of Due Process?…..37:377

Drug Testing and the Fourth Amendment: What Happened to Individualized Suspicion?…..46:149

The Dubiety of Social Engineering Through Evidence: A Reply to Professor Sanchirico’s Recent Article on Character Evidence…..51:283

Edmonson v. Leesville Concrete Co., 111 S. Ct. 2077 (1991)—A Private Civil Litigant’s Use of Peremptory Challenges to Exclude Jurors Based on Race Violates the Equal Protection Rights of the Challenged Jurors…..42:299

Evaluating Brady Error Using Narrative Theory…..53:599

Evolution of Harmless Error in Iowa: Where Do We Go From Here?…..43:547

The Exclusionary Rule: A Case Study in Judicial Usurpation…..34:33

Extending Gore and State Farm’s Promise of Fairness in Punishment to a Criminal Context…..58:819

The Federal Standard of Search and Seizure…..13:65

A Feminist Repudiation of the Rape Shield Laws…..51:45

Fetal Rights and the Prosecution of Women for Using Drugs During Pregnancy…..48:741

Forfeiture by Wrongdoing and Those Who Acquiesce in Witness Intimidation: A Reach Exceeding Its Grasp and Other Problems with Federal Rule of Evidence 804(b)(6)…..51: 459

Forgery and Government Checks…..27:458

Forward: Assessing the Values of Punishment…..57:571

Guantánamo, Rasul, and the Twilight of Law…..53:897

Guilty Pleas in the Northern Midwest…..25:360

Habeas Corpus in Iowa…..3:30

Habeas Corpus Relief for the Military Prisoner: The Double Standard…..21:576

Heeding the Lessons of History: The Need for Mandatory Recording of Police Interrogations to Accurately Assess the Reliability and Voluntariness of Confessions…..52:619

Holt v. Sarver (E.D. Ark. 1970)—Conditions and Practices of the Arkansas Prison System Constitute Cruel and Unusual Punishment Prohibited by the Eighth Amendment of the Constitution of the United States…..20:188

How to Talk Crimey and Influence People: Language and the Politics of Criminal Justice Policy…..53:693

The “Horse-Stealer’s” Trial Returns: How Crawford’s Testimonial–Nontestimonial Dichotomy Harms the Right to Confront Witnesses, the Presumption of Innocence, and the “Beyond a Reasonable Doubt” Standard…..62:129

Hudson v. McMillian, 112 S. Ct. 995 (1992)…..43:765

Hulse v. Wifaut (Iowa 1981)—Court-Appointed Attorneys Are Now Entitled to Full Compensation in Representing Indigent Defendants Under Iowa Code Section 815.7, Which Requires Reasonable Compensation Equivalent to the Ordinary and Customary Charges for Like Service to Nonindigent Clients in the Community…..31:230

Immunity Given to the Accomplice Witness…..21:331

The Implications of Bailey v. United States on the Rise of Convicted Criminal Claims and the Fall of 18 U.S.C. § 924(c)(1)…..46:677

Improving the Guidelines Through Critical Evaluation: An Important New Role for District Courts…..57:575

The Indigent Misdemeanant’s Right to Counsel—An Extension of Gideon v. Wainwright…..18:109

The Inherent Limitations of After-the-Fact Statutes Dealing with the Emotional and Sexual Maltreatment of Children…..41:483

The Insanity Defense and the Juror…..22:538

Into the Twilight Zone: Informing Judicial Discretion in Federal Sentencing…..57:591

Investigation, Discovery, and Disclosure in Criminal Cases: An Iowa Perspective…..52:739

Iowa Criminal Law—…..20:118, 21:488, 23:55, 24:105, 26:116

The Iowa Grand Jury: Before and After the New Criminal Code…..26:241

Iowa’s Uniform Controlled Substances Act: A Coordinated Approach to Drug Control…..21:77

Iowa’s Animal Torture Law Following State v. Meerdink: A Call for Clarity and Enforcement…..62:743

Iowa Stamps on Drugs: A Constitutional Analysis of Iowa Code Chapter 453B…..44:81

Is Mama a Criminal?—An Analysis of Potential Criminal Liability of HIV-Infected Pregnant Women in the Context of Mandated Drug Therapy…..50:293

Jumping the Gun: Iowa’s Swift Adoption of Minority Impact Statement Legislation Points to Other Problems Within the State’s Criminal Justice System…..58:857

Jury Misconduct in Iowa…..20:641

Justice Delayed—Justice Denied? The Right to a Speedy Trial in Iowa…..26:159

Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated…..52:703

Keeney v. Tamayo-Reyes, 112 S. Ct. 1715 (1992)…..43:239

Keever v. Bainter—Delay of Trial Due to Improper Notice and Conflicting Reports of Defendant’s Competency to Stand Trial Is Not a Denial of Defendant’s Right to a Speedy Trial…..21:345

Kenney v. Haugh (Iowa 1968)—Iowa Supreme Court Refuses to Apply Retroactively a United States Supreme Court Decision Holding a Clerk’s Transcript Appeal Unconstitutional…..18:285

Knott v. Rawlings, 250 Iowa 892, 96 N.W.2d 900 (1959)—Does Crime of Lascivious Act with a Child Sixteen Years or Under Apply to Acts with Person who Has Passed His Sixteenth Birthday but Is Not yet Seventeen?…..9:142

The Lack of Due Process in Revocation of Bench Paroles in Iowa, A Dialogue…..15:35

The Law and Restorative Justice: Friend or Foe? A Sympathetic Look at the Legal Issues in Restorative Justice…..53:667

Lawrence Beyond Gay Rights: Taking the Rationality Requirement for Justifying Criminal Statutes Seriously…..53:231

The Legal Standard for Determining Criminal Insanity: A Need for Reform…..20:353

The Lie Detector…..1:50

Living With Miranda: A Reply to Professor Grano…..43:127

A Look Back at Gideon v. Wainwright After Forty Years: An Examination of the Illusory Sixth Amendment Right to Assistance of Counsel…..52:47

Mandatory Sentencing Guidelines By Any Other Name: When “Indeterminate Structured Sentencing” Violates Blakely v. Washington…..57:643

Michigan v. Jackson, 106 S. Ct. 1404 (1986)—The Edwards Rule Applies to Sixth Amendment Claims When the Accused Has Been Formally Charged with a Crime and Has Explicitly Expressed His Right to Counsel…..37:153

Misconduct of Jury Members in Iowa…..10:126

Mistretta v. United States, 109 S. Ct. 647 (1989)—The Sentencing Reform Act of 1984, Establishing the Sentencing Commission, Does Not Violate Either the Constitutional Doctrines of Nondelegation or Separation of Powers…..39:797

Moran v. Burbine, 106 S. Ct. 1135 (1986)—Failure of Police to Inform a Defendant of the Efforts of an Attorney to Reach Him Does Not Deprive the Defendant of His Right to Counsel or Invalidate His Waiver of His Miranda Rights…..36:443

Motivation, Causation, and Hate Crimes Sentence Enhancement: A Cautious Approach to Mind Reading and Incarceration…..59:181

Multiple Cultures, One Criminal Justice System: The Need for a “Cultural Ombudsman” in the Courtroom…..53:651

The Need for an Iowa Post-Conviction Hearing Statute…..18:98

The New Importance of Maximum Penalties…..53:575

The New Iowa Criminal Code…..29:237

The New Iowa Criminal Code and the Opinions of the Iowa Supreme Court…..32:61

The New Iowa Criminal Code: Part II…..29:491

Nix v. Williams (U.S. Sup. Ct. 1984)—Under the Inevitable Discovery Doctrine, the Prosecution May Submit “Tainted Evidence” if It Can Establish by a Preponderance of the Evidence that the Information Ultimately or Inevitably Would Have Been Discovered by Lawful Means…..34:863

The North Carolina Actual Innocence Commission: Uncommon Perspectives Joined by a Common Cause…..52:647

Out of Sight, Out of Mind: State Attempts to Banish Sex Offenders…..53:711

Payne v. Tennessee, 111 S. Ct. 2597 (1991)—During the Sentencing Phase of a Capital Murder Trial, Evidence Presented to a Jury Regarding the Personal Characteristics of the Victims and the Emotional Impact of the Crime on Their Family Does Not Violate a Defendant’s Eighth Amendment Rights…..42:313

The Pen Register…..20:108

Pending Crime Victim Compensation Legislation in Iowa: An Analysis…..26:838

Penry v. Lynaugh, 109 S. Ct. 2934 (1989)—Imposing the Death Penalty on Capital Defendants Who Are Mentally Retarded Is Not Prohibited by the Eighth Amendment to the Constitution if Instructions to the Jury Allow for the Consideration of Mental Retardation as a Mitigating Factor…..39:921

Plea Bargaining and the Judiciary: An Argument for Reform…..30:581

PostConviction DNA Evidence: A 500 Pound Gorilla in State Court…..50;695

Powers of the Grand Jury…..2:26

Preindictment Delay in the Eighth Circuit…..27:110

Preservation of Error and Making the Record in the Iowa Criminal Trial and Appellate Processes…..36:45

Preventing Wrongful Convictions—A Current Report from Illinois…..52:605

Prison Reimbursement Statutes: The Trend Toward Requiring Inmates to Pay Their Own Way…..44:325

Promissory Leniency: The Mandates of the Rule…..35:161

Prosecuting Child Abuse Homicides in Iowa: A Proposal for Change…..44:129

Rational Enough to Punish, but Too Irrational to Release: The Integrity of Sexual Offender Civil Commitment…..57:693

The Real Fatal Attraction: Civil and Criminal Liability for the Sexual Transmission of AIDS…..37:657

Remedies for Judgment Obtained Through Perjury…..3:23

Repeal of the Corroboration Requirement: Will It Tip the Scales of Justice?…..24:669

Reprosecution and Fourteenth Amendment Due Process of Law…..16:39

Resisting Unlawful Arrests: Inviting Anarchy or Protecting Individual Freedom?…..46:383

Restoring Competency: Does the State Have the Right to Force Anti-Psychotic Medications on the Mentally Ill Pretrial Detainee?…..49:147

Revival of the Right to a Fair Trial—Traditional Myths and the Necessity of Criminal Discovery and Depositions Under Iowa Criminal Law…..24:185

Revolution in Corrections…..22:250

Rose v. Lundy (U.S. Sup. Ct. 1982)—A Federal District Court Must Dismiss in Its Entirety a State Prisoner’s Habeas Corpus Petition Containing Both Exhausted and Unexhausted Claims of Constitutional Violations…..32:1057

Ruse Drug Checkpoints: How the Government’s False Advertising May Diminish Your Fourth Amendment Rights…..53:781

The Scope of Review in Criminal Appeals and the Iowa Judgment on the Record Statute…..22:477

The Search and Seizure of Computers: Are We Sacrificing Personal Privacy for the Advancement of Technology?…..48:239

Search Warrant Affidavits—The Constitutional Constraints…..23:623

Self-Defense and the Child Parricide Defendant: Should Courts Make a Distinction Between the Battered Woman and the Battered Child?…..44:351

Self-Incrimination or Search and Seizure?…..1:55

Sentence Reform and the Federal Rules of Criminal Procedure: A Prospective Analysis…..35:405

“Shoplifters” Beware? Detention of Suspected Shoplifters…..11:31

Simon & Schuster, Inc. v. Members of New York Crime Victims Board, 112 S. Ct. 501 (1991)—New York’s “Son of Sam” Law, Which Requires an Accused or Convicted Criminal’s Income from Works Depicting His Crime Be Held in an Escrow Account for the Victims and Creditors of the Criminal, Is a Content-Based Restriction of Speech Violative of the First and Fourteenth Amendments…..42:331

Speedy Justice…..22:266

State v. Abodeely (Iowa 1970)—The Iowa Abortion Statute Is Not Unconstitutionally Vague and Does Not Deny Equal Protection…..20:666

State v. Cullison (Iowa 1970)—The Fourth Amendment Rights of an Iowa State Parolee Are Accorded the Same Recognition as Those of Any Other Person…..19:481

State v. Denato (Iowa 1970)—The Trial Court in a Criminal Case May Not Grant an Ex Parte Order Requiring Disclosure of an Informant’s Identity Without a Hearing on the Factual Situation Involved…..19:486

State v. Hancock (Iowa 1969)—In Actions for Forgery or Uttering a Forged Instrument an Indigent Defendant Has the Right to State Funds for the Purpose of Obtaining an Independent Expert Handwriting Analysis…..18:278

State v. Holliday (Iowa 1969)—Evidence Obtained by Private Individuals Without Governmental Assistance Through Illegal Search and Seizure Is Admissible in State Criminal Proceedings…..19:476

State v. Hummell (Iowa 1975)—Manslaughter Conviction Will Not Be Reversed on the Grounds that a Dragnet Discovery Motion Seeking Exculpatory Evidence Has Been Improperly Denied and that an Exculpatory Statement Allegedly Made by the Victim Has Been Suppressed Without a Showing by the Defense that the Statement Was Ever Reduced to Writing, that It Was Ever Suppressed, and that It Was Signed or Adopted by the Victim, or Constituted a Continuous Narrative of Her Remarks…..25:247

State v. Jeffries, 430 N.W.2d 728 (Iowa 1988)—Courts Must Instruct on Lesser-Included Offenses that Fit Within the Elements of the Greater Charged Offense, Regardless of the Evidence…..39:549

State v. Lawrence (Iowa 1969)—Exclusion of the Public from the Courtroom During the Reading of the Instructions to the Jury Deprived Defendant of His Right to Public Trial…..19:204

State v. Peterson, 189 N.W.2d 891 (Iowa 1971)—Where Testimony Complained of Was Stricken and the Witness Was Allowed to Retestify, No Constitutionally Inadmissible Evidence Was Submitted to the Jury if the Prejudicial Effect of the Testimony Did Not Remain in Spite of Its Exclusion…..22:408

State v. Plaster, 424 N.W.2d 226 (Iowa 1988)—Testimony of a Woman Other than the Prosecutrix, and Also Testimony of Her Physician, Concerning a Prior Nonconsensual Sexual Incident with Defendant Was Admissible Because It Made It More Probable that the Prosecutrix Did Not Consent Under Similar Circumstances, and the Unfair Prejudice of Such Evidence Did Not Substantially Outweigh Its Probative Value…..38:961

State v. Siemer, 454 N.W.2d 857 (Iowa 1990)—Parents or Persons Standing In Loco Parentis to a Child or Minor Victim Are Not Beyond the Reach of the Iowa Kidnapping Statute…..41:237

State v. Sisco (Iowa 1969)—When an Accused Pleads Guilty in a Criminal Case, the Record Must Show that he Entered His Plea Voluntarily, with an Understanding of the Charge and with a Knowledge of the Consequences of His Plea…..19:210

State v. Spier (Iowa 1970)—Probable Cause for the Issuance of a Search Warrant Does Not Exist Unless the Magistrate Is Apprised of the Underlying Facts and Circumstances that Lead the Officer to His Conclusions that the Undisclosed Informant Is Reliable, and Some of the Circumstances from Which the Informant Drew His Conclusions…..20:205

State v. Thomas, 219 N.W.2d 3 (Iowa 1974)—The Burden Is Upon the State to Prove Sanity Beyond a Reasonable Doubt…..24:246

State v. Trucke, 410 N.W.2d 242 (Iowa 1987)—Convictions Were Based on Crimes Not Yet Committed Where an Essential Element of the Offense (Failure to Provide 120 Days of Public School Attendance for School Aged Children) Was Completely Omitted from the Charging Instrument…..37:163

State v. Wilson, 406 N.W.2d 442 (Iowa 1987)—Requiring a Criminal Defendant to Remain Shackled in the Presence of the Jury, Despite Its Prejudicial Effect, Is Constitutionally Permissible in Certain Circumstances…..37:723

The Status of Iowa’s Obscenity Laws…..21:314

The Structure, Operation, and Impact of Wrongful Conviction Inquiries: The Sophonow Inquiry as an Example of the Canadian Experience…..52:677

Stump v. Bennett, 398 F.2d 111 (8th Cir. 1968)—The State May Not Constitutionally Place upon Defendant in a Criminal Case the Burden of Proving His Alibi Defense by a Preponderance of the Evidence…..18:119

The Supreme Court’s Improbable Justifications for Restriction of Citizens’ Fourth Amendment Privacy Expectations in Automobiles…..47:833

A Survey of Hypnotically Refreshed Testimony in Criminal Trials: Why Such Evidence Should Be Admitted in Iowa…..32:749

Suspicious Objects, Probable Cause, and the Law of Search and Seizure…..21:252

Technological Ubiquity and the Evolution of Fourth Amendment Rights…..62:575

Ten Years With the Iowa Criminal Code…..38:831

Texas: Tough on Murderers or on Fairness?…..53:631

Thermal Imaging Devices: How the Government Privately Repealed the Fourth Amendment…..46:173

Tison v. Arizona, 107 S. Ct. 1676 (1987)—A Reckless Indifference to Human Life Is Sufficient Evidence to Prove Culpability in a Felony-Murder Case and Therefore Imposition of the Death Penalty Is Not a Violation of the Eighth Amendment…..37:767

United States v. Bell (8th Cir. 1978)—Use of Alleged Coconspirator Declaration Against a Defendant at a Conspiracy Trial Does Not Violate the Hearsay Rule Where the Judge Determines that a Preponderance of Independent Evidence Shows the Declaration Was Made During and in Furtherance of the Conspiracy…..28:198

United States v. Chadwick (U.S. Sup. Ct. 1977)—The Warrantless Search of a Double-Locked Footlocker, Located in an Automobile Trunk at the Time of Arrest, One and One Half Hours After Arrest Is Not Justified by the “Automobile Exception” or as a “Search Incident to a Lawful Arrest” and thus Is Violative of the Fourth Amendment’s Warrant Clause and Legitimate Expectations of Privacy…..27:421

United States v. Davis (9th Cir. 1973)—Search of Potential Airline Passenger and His Immediate Possessions Does Not Violate Fourth Amendment Where Consent of Person to Be Searched Is First Obtained…..23:471

United States v. Mahoney (5th Cir. 1983)—Evidence Obtained by Police Officers in the Course of Action that Is Taken in Good Faith and in the Reasonable—Though Mistaken—Belief that They Are Authorized, Shall Not Be Suppressed Under the Exclusionary Rule…..34:257

Vale v. Louisiana (U.S. Sup. Ct. 1970)—Evidence Obtained by Warrantless Search of a House Following Arrest of Person Committing a Crime in the Officers’ Presence Is Inadmissible in State Criminal Proceedings…..20:404

Videotape—Its Use and Potential Use…..24:419

What Went Wrong With Federal Rule of Evidence 609: A Look at How Jurors Really Misuse Prior Conviction Evidence…..48:1

When a Vending Machine Is Not a Vending Machine…..11:3

Where Hamdi Meets Moussaoui in the War on Terror…..53:839

Whiteley v. Warden of Wyoming Penitentiary, 401 U.S. 560 (1971)—When a Police Officer Obtains a Warrant for the Arrest of an Individual and Requests the Assistance of Other Police in Making Arrest, the Probable Cause for the Arrest of that Individual by Another Officer Cannot Be Contained in the Communication Alone if the Warrant Is Later Shown to Be Invalid…..21:365

Woosley v. United States (8th Cir. 1973)—Severity of Sentence, as Well as Sentencing Procedure, Is Subject to Appellate Review in the Eighth Circuit…..23:191

Wrongfully Convicted: A No-Win Situation for the Victim…..52:695

100 Years of Double Jeopardy Erosion: Criminal Collateral Estoppel Made Extinct…..48:379