DES?MOINES- On Wednesday, April 9, the Iowa Supreme Court will hear oral arguments in Toledo. The proceeding will take place in the Wieting Theatre, 101 South Church Street. The session is open to the public and will begin at 7 p.m.
A public reception will be held at the Toledo Community Building adjacent to the Wieting following the hearings.
The court will hear attorneys argue in two cases:
State of Iowa v. Nathan Olsen, No. 13-0832
After a hunting trip in Iowa, Defendant Nathan Olsen was charged with being a felon in possession of a firearm based on a deferred judgment Olsen received from the State of Wisconsin. Olsen argues the district court should have dismissed the Iowa charge because his deferred judgment from Wisconsin did not involve a guilty plea or finding of guilt against him. A question before the court is whether Olsen's Wisconsin deferred judgment constitutes a felony under Iowa law for purposes of violation of Iowa Code section 724.26.
Hussemann v. Hussemann, No. 13-1082
The Iowa District Court in this case gave effect to an out-of-state postnuptial agreement and denied the widow the right to take an elective share of her deceased husband's trust as provided in Iowa Code section 633.238. The postnuptial agreement was valid under Florida law where the parties entered into the agreement. A question before the court is whether the parties' freedom to contract outweighs Iowa's public policy against postnuptial agreements.