City of Des Moines v. Elliott, No. 61027

CourtUnited States State Supreme Court of Iowa
Writing for the CourtConsidered by MOORE; MOORE; MASON
Citation267 N.W.2d 44
Docket NumberNo. 61027
Decision Date28 June 1978
PartiesCITY OF DES MOINES, Iowa, Plaintiff, v. Norman D. ELLIOTT, Defendant.

Page 44

267 N.W.2d 44
CITY OF DES MOINES, Iowa, Plaintiff,
v.
Norman D. ELLIOTT, Defendant.
No. 61027.
Supreme Court of Iowa.
June 28, 1978.

Page 45

John P. Malone, Asst. City Atty., for plaintiff.

Roger J. Hudson and John J. Gajdel, Des Moines, for defendant.

Considered by MOORE, C. J., and MASON, * REES, UHLENHOPP and REYNOLDSON, JJ.

MOORE, Chief Justice.

The question in this original certiorari action is whether defendant judge exceeded his jurisdiction or otherwise acted illegally in dismissing two nonindictable (simple) misdemeanor cases because of noncompliance with the 60-day speedy trial requirements of section 795.2, 1975 Code. We sustain the writ.

On June 13, 1977 the City of Des Moines filed informations in Polk County District Associate Court against one Ronnie Byron Wilson charging him with "resisting an officer" in violation of section 17-19 and with a Des Moines Parks "curfew" offense in violation of section 15-135, Des Moines City Code. It is undisputed both offenses are nonindictable misdemeanors under the law then applicable, the 1975 Code of Iowa. Trial was scheduled for July 13. Wilson filed a jury demand on June 20. Magistrate Louis Anania set jury trial for August 22, 1977.

On August 16, 1977, defendant Wilson filed a motion to dismiss the charges because of noncompliance with section 795.2. Magistrate Anania overruled this motion. However, when Wilson renewed his motion on trial date, it was sustained by the Honorable Norman D. Elliott, defendant, Polk County District Associate Judge. His ruling was specifically based on the provisions of section 795.2. No constitutional issue was raised or decided. This certiorari action followed. Plaintiff argues section 795.2 does not apply to simple misdemeanor cases.

I. In his brief defendant argues certiorari under rule 306, Rules of Civil Procedure, is not available to test the validity of his ruling. This contention is without merit. It is now settled certiorari is a proper method for challenging an adverse ruling on a motion to dismiss. Collier v. Denato, Iowa, 247 N.W.2d 236, 238.

II. The question here turns on familiar principles of statutory construction. The polestar is legislative intent and our goal in construing a statute is to ascertain that intent and, if possible, give it effect. Doe v. Ray, Iowa, 251 N.W.2d 496, 500. Words in a statute are given their ordinary meaning unless defined differently by the legislature or possessed of a peculiar and appropriate...

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17 practice notes
  • McSpadden v. Big Ben Coal Co., No. 63537
    • United States
    • United States State Supreme Court of Iowa
    • January 23, 1980
    ...and appropriate meaning in law, shall be construed according to such meaning." § 4.1(2), The Code; See City of Des Moines v. Elliott, 267 N.W.2d 44, 45-46 (Iowa 1978). Both the words "disability" and "pneumoconiosis" are statutorily defined, See §§ 85A.4, .13(1), The Code, and thus "have ac......
  • Manning v. Engelkes, No. 62521
    • United States
    • United States State Supreme Court of Iowa
    • June 27, 1979
    ...party briefed nor argued the issue before us. However, for authority generally bearing on the question see City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa 1978) (city allowed certiorari to challenge adverse ruling sustaining defendant's motion to dismiss for lack of speedy trial); Or......
  • Stearns v. Kean, No. 65052
    • United States
    • United States State Supreme Court of Iowa
    • March 18, 1981
    ...N.W.2d 685, 689 (Iowa 1981); Hartman v. Merged Area VI Community College, 270 N.W.2d 822, 825 (Iowa 1978); City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa An action under 252A is commenced by a "petitioner" or a "petitioner's representative" who files a verified petition in a court o......
  • Fleur de Lis Motor Inns, Inc. v. Bair, No. 64747
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1981
    ...of the General Assembly. Hartman v. Merged Area VI Community College, 270 N.W.2d 822, 825 (Iowa 1978); City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa 1978); Doe v. Ray, 251 N.W.2d 496, 500 (Iowa 1977). The Assembly is presumed to have inserted every part of a statute for a purpose, ......
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17 cases
  • McSpadden v. Big Ben Coal Co., No. 63537
    • United States
    • United States State Supreme Court of Iowa
    • January 23, 1980
    ...and appropriate meaning in law, shall be construed according to such meaning." § 4.1(2), The Code; See City of Des Moines v. Elliott, 267 N.W.2d 44, 45-46 (Iowa 1978). Both the words "disability" and "pneumoconiosis" are statutorily defined, See §§ 85A.4, .13(1), The Code, and thus "have ac......
  • Manning v. Engelkes, No. 62521
    • United States
    • United States State Supreme Court of Iowa
    • June 27, 1979
    ...party briefed nor argued the issue before us. However, for authority generally bearing on the question see City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa 1978) (city allowed certiorari to challenge adverse ruling sustaining defendant's motion to dismiss for lack of speedy trial); Or......
  • Stearns v. Kean, No. 65052
    • United States
    • United States State Supreme Court of Iowa
    • March 18, 1981
    ...N.W.2d 685, 689 (Iowa 1981); Hartman v. Merged Area VI Community College, 270 N.W.2d 822, 825 (Iowa 1978); City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa An action under 252A is commenced by a "petitioner" or a "petitioner's representative" who files a verified petition in a court o......
  • Fleur de Lis Motor Inns, Inc. v. Bair, No. 64747
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1981
    ...of the General Assembly. Hartman v. Merged Area VI Community College, 270 N.W.2d 822, 825 (Iowa 1978); City of Des Moines v. Elliott, 267 N.W.2d 44, 45 (Iowa 1978); Doe v. Ray, 251 N.W.2d 496, 500 (Iowa 1977). The Assembly is presumed to have inserted every part of a statute for a purpose, ......
  • Request a trial to view additional results

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