Supreme Court of Iowa· 5/17/1989

State v. Perry

Citations

440 N.W.2d 389
1989 Iowa Sup. LEXIS 145
1989 WL 52263

How courts have described this case

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

holding that, when statutory language appears fairly certain but adherence to the strict letter of the law leads to injustice, absurdity, or contradiction, the court may look to another meaning
stating that when a single act violates more than one criminal statute, the prosecutor may exercise discretion in selecting which charge to file, even though the two offenses call for different punishments
stating that when a single act violates more than one criminal statute, the prosecutor may exercise discretion in selecting which charge to file, even though the two offenses call for different punishments
no conflict where two criminal statutes cover the same matter but one statute requires proof of an additional element
when single act violates more than one criminal statute, prosecutor may exercise discretion in selecting which charge to file, even though the two offenses call for different punishments
“When terms of a statute are explicit, the court normally will not resort to rules of statutory construction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Harris, Larson, Neuman, Snell, Andreasen

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Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

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