Iowa Supreme Court · No. 22-1703
State of Iowa v. Iowa District Court For Emmet County
Decided May 10, 2024 · appeal from Emmet County · Criminal
What the court decided
AI summary The dispute was about whether the State should be forced to pay a technology company to review a criminal defendant's emails for privileged information. The court decided to overturn the lower court's order requiring the State to cover these costs. This means the State is not required to pay for the third-party privilege review in this case.1
Result: WRIT SUSTAINED
The court’s own summary
This court granted the State’s petition for writ of certiorari to review the district court’s order requiring the State to pay for a third-party technology firm to conduct a privilege review of a criminal defendant’s emails obtained via search warrant. The State argues the district court lacked statutory authority to order the State to pay these costs. If the district court could tax the costs to a party, the State argues it should have taxed the costs to the criminal defendant.
Holding: State petitions for review of district court order regarding the assessment of costs for conducting privilege review of electronic information obtained via search warrant. WRIT SUSTAINED.
Judges
- Written by Justice Christopher McDonald
- Trial judge: Jeffrey A. Neary, Emmet County
Iowa Code it cites
§602.1508§702.7§706A.1§706A.2§708.1§708.2§714.1§714.2§721.2
Each links to the bills that change that chapter.