State v. Jones, SRCR014055, Ruling on Motion to Dismiss (Iowa D.C. 12-10-2013).
Kirk successfully defended a lay midwife from charges of practicing medicine without a license. The resulting ruling dismissing the charges concluded that midwifery is not the practice of medicine. This ruling decided an issue of first impression in Iowa.
In re Conservatorship of Trobough, S-05-985, S-05-991, Unpub. Memo. Opinion (Neb. 5-18-2006).
An heir filed to have Kirk’s client (herself a lawyer) removed as conservator. After a trial in probate court resulted in a decision in favor of Kirk’s client, the adversarial heir appealed. Kirk successfully defended the ruling on appeal and the Nebraska Supreme Court affirmed the trial court’s ruling.
McDermott v. Keenan, 13 Neb.App. 710, 700 N.W.2d 645 (2005).
After this commercial landlord/tenant dispute resulted in a judgment favorable to Kirk’s client, the defendant appealed. Kirk successfully defended the appeal and then collected the amount due his landlord client.
State v. Kirchner, 600 N.W.2d 330 (Iowa 1999).
In this Class A felony case, Kirk obtained a jury verdict of guilty against the defendant for first degree sexual abuse, first degree burglary and other charges. The defendant was sentenced to life in prison without the possibility of parole. The defendant appealed and the conviction was upheld.
Deering v. State, 1999 WL 775998 (Iowa App. 9/29/1999).
As county attorney, Kirk successfully prosecuted this criminal case for financial fraud. When Kirk obtained the revocation of the defendant’s probation and the defendant was sentenced to prison, the defendant appealed but was not successful.
State v. Peterson, 532 N.W.2d 813 (Iowa App. 1995).
In this felony drug case, Kirk obtained the conviction of the defendant to possession of methamphetamine with the intent to deliver. On appeal, the Court of Appeals noted Kirk’s behavior during trial regarding the disclosure of potentially exculpatory evidence and commended Kirk for promptly disclosing that evidence to the defendant. The defendant’s appeal was unsuccessful.
State v. Peters, 525 N.W.2d 854 (Iowa 1994).
This criminal case made new law in Iowa relative to the authority of prosecutors to elect which charges to file when multiple charges were possible. Here, the defendant operated a snowmobile while intoxicated. Iowa had a statute making it a simple misdemeanor to operate a snowmobile while intoxicated. However, Iowa’s driving while intoxicated statute carried much heavier penalties and Kirk elected to prosecute this repeat drunk driver under the stiffer statute. The Iowa Supreme Court upheld Kirk’s choice and granted that right in similar circumstances to other prosecutors.
In Re Marriage of Hornung, 480 N.W.2d 91 (Iowa App. 1991).
In this contested divorce case, Kirk obtained a trial ruling granting primary physical care of the parties’ child to his client. The respondent appealed. Kirk cross-appealed on issues pertaining to child support and related financial issues. The appellate court dismissed the respondent’s appeal and granted Kirk’s appeal. As a result, Kirk’s client was awarded additional child support and other financial considerations.
CHR Equipment Financing, Inc. v. C&K Transport, Inc., 448 N.W.2d 693 (Iowa App. 1989).
When the underlying equipment leases went into default, Kirk litigated with the lessee on behalf of the lessor to collect the past due rent and other monies due under the leases. When the trial court failed to award full damages, Kirk successfully appealed. The appellate court reversed the trial court on the award of damages and ordered entry of judgment in favor of Kirk’s client for the full damages owed.
