Court of Appeals of Iowa· 12/13/2000

State v. Miller

Citations

622 N.W.2d 782
2000 Iowa App. LEXIS 75
2000 WL 1826649

How courts have described this case

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

concluding the claim-of-right defense provided in Iowa Code section 714.4 is only applicable to theft charges
stating statutory claim-of-right defense is a defense to theft only and not to robbery or burglary
‘‘[t]he modern trend among other states has been to decline to recognize the claim-of-right defense to offenses involving force, such as robbery or burglary’’
“We may not—under the guise of statutory construction—enlarge or otherwise change the terms of a statute as the legislature adopted it.”
“The express terms of section 714.4 provide that it is only a defense to a theft charge. Burglary and robbery are not included.”
‘‘basic public policy dictates that even rightful owners should not be permitted to perpetrate break-ins or use force to regain their property, once it has been taken’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Zimmer, Hecht, Vaitheswaran

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Cited by

15 cases in this archive cite this case.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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