Brewbaker v. Regents
| Brewbaker v. Regents | |
|---|---|
 | |
| Court | Iowa Court of Appeals |
| Full case name | Brewbaker v. State of Iowa Board of Regents |
| Decided | October 23, 2013 |
| Citations | - N.W.2d -, (Iowa 2013) |
| Case history | |
| Prior action | Application for review of agency action denied in Polk County District Court (affirmed) |
| Court membership | |
| Judges sitting | Vogel, Danilson, and Tabor, |
| Case opinions | |
| Majority: Judge Vogel (unanimous) | |
Brewbaker v. Regents, - N.W.2d - (Iowa 2013), was a unanimous decision of the Iowa Court of Appeals dated October 23, 2013, that held it does not violate double jeopardy for an administrative agency to issue additional sanctions following a criminal judgement hearing if the sanctions protect the integrity of the community.
Issues
Double Jeopardy, Free Speech, Due Process, Equal Protection, and Abuse of Discretion
Prior proceedings
Brewbaker was fined $65 in the District Court for Story County Iowa on an annoying speech conviction in November of 2009. Brewbaker applied for discretionary appeal to the Iowa Supreme Court on grounds the word 'annoying' was void for vagueness, see Coates_v._Cincinnati, but the application was denied.
Subsequently the Iowa Board of Regents in a public hearing[1] where Brewbaker was not allowed to speak in his defense, sanctioned him with a two year suspension from Iowa State University for the same conduct as the simple misdemeanor. Brewbaker's application for review of agency action to the District Court for Polk County was denied.
Subsequent proceedings
Brewbaker applied for further review on November 12, 2013 noting Vogel gave a false account of the facts in Kocher to frame it as controlling instead of Dressler[2] where the conviction preceded administrative sanctions.
See State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996) (holding the administrative revocation of a driver’s license following a conviction for driving while intoxicated did not violate the Double Jeopardy Clause, as the administrative proceeding was remedial)...[3]
The narrow issue in these consolidated appeals is whether the double jeopardy provision of the Fifth Amendment to the United States Constitution bars prosecution of a defendant in an OWI case if the defendant's license has previously been suspended through administrative proceedings. We conclude that it does not.[4]
See also
- Ex parte Lange[5].
References
- ^ "Iowa Board of Regents Agenda Item 6B, April 2010".
- ^ "Dressler v. Iowa Dept. of Transp., 542 NW 2d 563 - Iowa: Supreme Court 1996".
- ^ "Brewbaker v Regents, Iowa Court of Appeals (2013)".
- ^ "State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996)".
{{cite web}}: line feed character in|title=at position 22 (help) - ^ "Ex parte Lange, Supreme Court, 85 U.S. 163 (1873)".