State v. Gardner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting a judge may function as a witness without actually taking the stand to testify
• “[W]e strongly discourage the routine designation of judges as witnesses for purposes of proving prior convictions in the habitual violator phase of a case.”
• judge functions as witness even though judge does not actually take witness stand to testify
• “This rule [prohibiting judges from testifying] is violated whenever the judge functions as a witness, even though the judge may not actually take the stand to testify.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

9 cases in this archive cite this case.

• State v. Ball
  South Dakota Supreme Court· 2004-01-21· cited 34×
• Marc Ruden v. Kyra Peach
  Court of Appeals of Iowa· 2017-09-27· cited 26×
• Gianforte v. Whitehead
  Supreme Court of Iowa· 2009-10-09· cited 7×
• v. Roehrs
  Colorado Court of Appeals· 2019-03-07· cited 7×
• State of Iowa v. Anthony Eugene Quinn
  Court of Appeals of Iowa· 2014-07-30
• State v. Connor
  Connecticut Appellate Court· 2014-09-16
• Dissent - State v. Connor
  Connecticut Appellate Court· 2014-09-16
• In The Matter Of The College Community School District Board Of Directors' Consideration Of The Recommended Termination Of The Teaching Contract Of John Gianforte. John Gianforte Vs. Richard Whitehead And College Community School District
  Supreme Court of Iowa· 2009-10-09
• State of Iowa v. James Russell Ellis
  Court of Appeals of Iowa· 2025-03-05

Cites

11 cases in this archive are cited by this case.

• In Re Murchison.
  Supreme Court· 1955-05-16· cited 2,510×
• State v. Hernandez-Lopez
  Supreme Court of Iowa· 2002-01-24· cited 161×
• State v. Baird
  Nebraska Supreme Court· 2000-04-14· cited 121×
• Billy Joe Tyler v. Harold R. Swenson, Warden, Missouri State Penitentiary
  Eighth Circuit· 1970-06-12· cited 60×
• State v. Woody
  Supreme Court of Iowa· 2000-07-06· cited 59×
• Nellie Lou Lillie v. United States
  Tenth Circuit· 1992-01-13· cited 43×
• O'QUINN v. Hall
  Tex. App. Ct., 13th Dist.· 2002-05-17· cited 27×
• Gold v. Warden
  Supreme Court of Connecticut· 1992-06-09· cited 27×
• Keith v. Community School District of Wilton in the Counties of Cedar & Muscatine
  Supreme Court of Iowa· 1978-01-18· cited 24×
• State v. Larmond
  Supreme Court of Iowa· 1976-06-30· cited 21×
• State v. Tovar
  Supreme Court of Iowa· 2003-01-23· cited 10×