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Iowa law on police appeals ‘constitutionally vacuous,’ prosecutor says

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Iowa law on police appeals ‘constitutionally vacuous,’ prosecutor says


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  • The Iowa Supreme Court is reviewing a 2024 law that allows law enforcement officers to appeal their placement on a Brady-Giglio list.
  • A dispute between Jefferson County’s attorney and sheriff led to the sheriff being placed on the list, which identifies officers with credibility issues.
  • The county attorney argues the law is unconstitutional because it lets judges interfere with a prosecutor’s duty to disclose evidence to defendants.

A feud between two Jefferson County officials has landed before the Iowa Supreme Court, which must decide if a 2024 addition to Iowa’s Rights of Peace Officers law is unconstitutional.

Jefferson County Attorney Chauncey Moulding is asking the state’s high court to overturn what he calls the “constitutionally vacuous” law, which allows officers to petition the courts to be removed from their county’s Brady-Giglio list.

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Named for two U.S. Supreme Court decisions, the lists compiled by prosecutors identify law enforcement officers and others whose credibility is in question, and it can provide grounds for questioning their testimony in court.

After a dispute over a case involving a sheriff’s deputy’s use of force, Moulding in 2024 notified Jefferson County Sheriff Bart Richmond he was placing him on the Brady-Giglio list. Richmond petitioned a court to reverse Moulding’s decision, and a district judge did, finding Richmond’s actions in connection with the case, while unprofessional, did not bring his honesty or credibility into question.

In his appeal, Moulding argues that’s not up to the court to decide, and that the law lets judges improperly intrude on prosecutors’ professional judgment and, ultimately, defendants’ rights.

“The practical real application of (the 2024 law) is to create a Kafkaesque scenario where a criminal defendant could face the prospect of criminal charges involving a State witness who is so lacking in credibility that the State’s attorney has qualms about even calling him to testify, but is prevented from disclosure,” Moulding wrote. “Such a situation is unconscionable, and underlines the constitutional vacuousness of the statute itself.”

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The court has not yet scheduled arguments for the case, which could have impacts far beyond Jefferson County. Attorney Charles Gribble, representing Richmond, said this is just one of three Iowa Brady-Giglio appeals he personally is involved in.

What is a Brady-Giglio list?

Under the Fifth Amendment, criminal defendants are entitled to due process of law. In Brady v. Maryland in 1963 and in subsequent cases the U.S. Supreme Court held that due process requires a prosecutor to disclose any known exculpatory evidence to the defense. That includes anything giving rise to doubts about the credibility of the prosecution’s witnesses, including law enforcement officers.

In 2022, Iowa formalized that process by mandating prosecuting agencies maintain a Brady-Giglio list of officers whose credibility can be questioned due to past dishonesty or other misconduct. The law requires agencies to notify officers when they are being put on a list and allows them to seek reconsideration.

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Being placed on a list can damage or destroy an officer’s career, as prosecutors generally will decline to call them as witnesses or to bring charges that would depend on their testimony.

2024 law gives courts a role in Brady-Giglio lists

Iowa’s 2024 law went beyond requiring officers be notified of their placement on a Brady-Giglio list by giving them the right to appeal to a district court if their prosecuting agency refuses to take them off a list. The law requires judges to confidentially review evidence and allows them to affirm, modify or reverse an officer’s Brady-Giglio listing “as justice may require.”

In less than two years, courts have reversed local prosecutors on several Brady-Giglio placements, including a messy Henry County dispute in which prosecutors accused a sheriff’s deputy of making misleading statements on a search warrant application.

What happened in Jefferson County?

The lawsuit before the Iowa Supreme Court involves an April 2024 traffic stop by a Jefferson County deputy. As laid out in a subsequent memo by Moulding, video recordings show the deputy handling the driver roughly and, when the man complains, telling him “I can do whatever I want” and, “You’re not going to tell me what I can and can’t do. … You’re going to learn what respect is, young man.”

After learning about the incident, Moulding wrote, he repeatedly emailed Richmond, asking if the deputy’s actions had violated any county policies. Richmond did not respond. Concerned about possible litigation against the county, Moulding then asked another county to conduct an investigation. While the details are disputed, Moulding accuses Richmond of stonewalling both his office and the outside investigators and instructing his subordinates also not to cooperate.

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“A county sheriff ordering deputies not to cooperate with an inquiry into a deputy’s use of force represents a fundamental lapse in judgment and raised serious concerns regarding the Sheriff’s honesty, candor and ethics as a law enforcement official,” Moulding wrote.

He scheduled a meeting that Richmond did not attend and then placed him on the county’s Brady-Giglio list. In an emailed statement, Moulding called the entire matter “unfortunate.”

“Frankly, I am shocked that instead of attempting to address this matter with my office cooperatively, the Sheriff instead decided to stonewall an investigation, stonewall the Brady-Giglio investigation, and then take this matter to court instead of sitting down and addressing the matter like an adult and an elected official,” he said.

In a letter, Moulding warned Richmond that he would no longer be called as a law enforcement witness and advised him to limit his involvement with criminal investigations, as “your engagement in such activities could likely negatively impact the outcomes in court.”

Judge disagrees with sheriff’s placement on list

After Moulding denied Richmond’s request for reconsideration, Richmond filed suit. In February 2025, Judge Jeffrey Farrell ruled Richmond should be removed from the list.

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Farrell’s order criticized both parties, finding that Moulding had failed to comply with some procedural elements of the law but that Richmond could have avoided the whole situation with “basic and professional” responses to Moulding’s emails. Nonetheless, he found Richmond’s actions did not demonstrate dishonesty or deceit that would justify placement on a Brady list.

“This is not a case in which an officer lied to a court, was convicted of a crime, manufactured or destroyed evidence, or committed some other act that would serve as the basis for impeachment in any criminal case,” Farrell wrote. “Game-playing the county attorney is not the standard of professionalism that Iowans expect of our elected county sheriffs,” he added, but does not constitute grounds for a Brady-Giglio listing.

Prosecutor appeals, argues law is unconstitutional

In his appeal, Moulding does not address Farrell’s factual findings, instead asking the court only to decide whether the law is constitutional.

“The most glaring constitutional defect in (the 2024 law) is that it impedes a criminal Defendant’s substantive and procedural due processes of law, and right to a fair trial,” the appeal says. “These fundamental rights constitute the bedrock raisons d’être for the entire body of Brady-Giglio jurisprudence in the first place.”

Iowa appears to be the only state with a law allowing officers to sue to be removed from a Brad-Giglio list, but Moulding cites a recent federal lawsuit where a judge rejected a South Dakota officer’s attempt to get removed from a list, finding the request “in essence, asks this Court to require a State’s Attorney to violate the constitution.” He further argues that the law violates the constitutional separation of powers and is “so poorly drafted as to be unenforceable and void for vagueness.”

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Sheriff’s attorney says single lapse of judgment is not grounds for listing

Gribble, Richmond’s attorney, argued in his Supreme Court brief that the law is constitutional and that the sheriff’s actions fall well short of Brady-Giglio standards.

“Under (the 2024 law), placement on the Brady-Giglio list results not from a single lapse of judgment but rather from repeated, sustained, intentional and egregious acts over a period of time,” he wrote. “Thus, while a singular act of bad judgement may undermine a police officer’s credibility in a particular case, placement on the Brady-Giglio list places a permanent and unreviewable scarlet letter on the officer that he/she is unlikely to be able to ever overcome.”

He also suggests that a court order removing an officer from a list “does not in any way alter the prosecuting attorney’s duty to provide exculpatory evidence in all cases.” In an interview, he argued there should be a legal distinction between prosecutors disclosing concerns about an officer’s conduct in the case in which it occurred, and doing so in every future case involving them.

“To me, that’s what Brady-Giglio is for, not for occasional or first-time wrongs, even if established of a police officer, but those that have a history of that sort of thing,” he said.

The Supreme Court has not yet set a date for arguments in the case.

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William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.



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Democrats put a ‘bullseye’ on Iowa, eager to turn the red state purple

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Democrats put a ‘bullseye’ on Iowa, eager to turn the red state purple


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  • Leaders of both parties are eyeing the Hawkeye State as it boasts numerous open and competitive races.
  • Races for governor, U.S. Senate and the U.S. House will dominate the playing field in Iowa.

For a ruby red state controlled at nearly every level by GOP elected officials, Iowa Republicans are unusually nervous going into the 2026 midterm election season.

The state has open races for governor and U.S. Senate, and it will see two of its four U.S. House races heavily targeted as Democratic pickup opportunities.

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The governor’s race in particular has unsettled Republicans, as well-funded, well-liked Democratic state Auditor Rob Sand marshals a formidable campaign infrastructure while Republicans fight out a divisive five-way primary race.

The candidate field will be set in the state’s primary elections Tuesday, June 2.

National leaders of both parties see Iowa as a potential key to either holding or reversing national control of Congress, and Democrats hope to reclaim ground with rural voters in a state that has consistently trended red.

“The Democrats have put a bullseye on the state of Iowa,” Texas U.S. Sen. Ted Cruz warned Iowa Republicans at a May 2 rally in suburban Des Moines.

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Cruz said Democrats believe they can swing control of the U.S. House and the U.S. Senate away from Republicans just by flipping seats in Iowa.

“And they’re probably right about that,” he said.

National midterm trends favor Democrats, as polling shows voters souring on Republican President Donald Trump, gas prices skyrocket amid war with Iran, and the cost of living remains high.

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In Iowa, the state has taken additional hits as trade wars and high costs threaten a renewed farm crisis in the state’s agricultural economy.

But it will be a tough road for Democrats in the Hawkeye State, even if the midterm stars align in their favor.

Registered Republican voters outnumber registered Democrats in Iowa by nearly 200,000, and Republicans have dominated recent election cycles in the state.

Trump carried Iowa by about 13 percentage points in 2024. And Republicans hold all six seats in Congress, both chambers of the state Legislature and every statewide elected office but one.

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“We have the record, we have the numbers,” Republican Gov. Kim Reynolds, who is not seeking another term, said at a March event with the Polk County GOP.

“If we show up, we will win,” she said.

U.S. Senate race: Democrats will choose between two ‘fighters’

One of the most closely watched primary races in Iowa is the Democratic contest for U.S. Senate.

Republican incumbent U.S. Sen. Joni Ernst, announced last year she would not run in 2026, leaving the seat open and stoking Democrats’ hopes for reclaiming it.

However, a Democrat has not held a U.S. Senate seat in Iowa since longtime senator Tom Harkin retired in 2015.

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A pair of Democrats, state Rep. Josh Turek and state Sen. Zach Wahls, are hoping to change that.

Both are running aggressive primary campaigns, each arguing he is the more electable candidate in a general election.

Turek, of Council Bluffs, touts his grit on the campaign trail.

Growing up with spina bifida, Turek endured 21 surgeries before age 12 and went on to become a gold medal-winning Paralympian representing Team USA in wheelchair basketball.

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He says he’s a “battle tested” candidate after winning his Iowa House seat in a western Iowa district that Trump carried.

“I went out, and I crawled stairs and I knocked doors dragging my wheelchair up there to have a conversation with every single person in the community,” he said. “That didn’t matter, Democrats, independents, Republicans. Talked to them all, and talked about the issues they cared about. And I won my first election by just six votes.”

Wahls, of Coralville, says he’ll motivate voters by taking on a corrupt political system that’s rigged in favor of billionaires and corporations at the expense of the middle class.

He rose to political prominence after giving a viral speech at age 19 on the Iowa House floor defending his two moms’ right to marry.

“Iowans want a fighter who has that courage to challenge a broken system and the status quo that is failing our state. I think that’s the core contrast in this race for Democratic primary voters,” Wahls said. “I’m willing to fight back against an establishment that has failed Iowans over and over again. Rep. Turek is being supported by that establishment.”

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The candidates share similar views across a range of issues, although Turek cuts a more moderate image, while Wahls leans more progressive — a dynamic that echoes Democratic primaries across the country this year.

One point of contention: Wahls has said he will not vote for U.S. Sen. Chuck Schumer as Senate Democratic leader if elected and has called on Turek, who he has criticized for being too closely aligned with the Democratic political establishment, to do the same.

“I’ve called on Josh Turek to join me in rejecting outside spending in this race and rejecting Chuck Schumer’s leadership. He’s refused,” Wahls said. “If he doesn’t have the courage to take on the failed leaders in our own party, he won’t be able to take on Donald Trump either.”

Turek said in a May 5 debate he is “not a D.C. insider.”

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“I don’t know these folks,” he said. “I only have one idea with this. And that is: I am not measuring the drapes.” 

But the perception that outside forces are working hard to shape the race has rattled some Iowa Democrats.

VoteVets, an outside group that has previously aligned with Senate Democratic leadership but denies any coordination in Iowa’s race, has spent $10 million on television and digital advertising and direct mail to support Turek since March 23, according to reports with the Federal Election Commission.

Although Turek is not a veteran, he believes his spina bifida was caused by his father’s exposure to Agent Orange while serving in Vietnam.

The $10 million figure has dwarfed what the candidates themselves have raised and spent and could dramatically shape the race’s outcome.

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Turek and Wahls have so far raised $3.5 million and $3.7 million respectively.

The winner of Tuesday’s primary is expected to take on Republican U.S. Rep. Ashley Hinson.

Hinson announced her Senate campaign just hours after Ernst said she would not seek reelection. She quickly secured major endorsements from Iowa political leaders, as well as Trump.

She faces a primary from former state Sen. Jim Carlin, although she is heavily favored to win.

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Both national parties have signaled their intentions to invest heavily in the state as it moves into the general election — an indication of Iowa’s importance to the parties’ overall strategies.

The Republican-aligned Senate Leadership Fund said it will spend $29 million on behalf of Hinson while the Democrat-aligned Senate Majority PAC plans to spend $13.4 million in Iowa.

Rob Sand energizes Democrats; Republicans will choose nominee in June 2 primary race

Nonpartisan elections analysts at the Cook Political Report have labeled Iowa’s governor’s race as a “toss-up,” moving it into the most competitive category the organization tracks.

“The battle for Iowa’s governorship is officially a barnburner,” wrote Matthew Klein, an analyst who focuses on gubernatorial contests.

Sand, the Democratic state auditor, has energized Iowa voters and garnered national media buzz as he assembles what Iowa Democrats and Republicans alike say is a strong campaign operation.

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He started early and aggressively, completing a 100-stop public town hall tour before presumed GOP frontrunner, U.S. Rep. Randy Feenstra, formally got into the race.

Sand plans another 100-stop tour this summer, arguing the effort will help raise his profile among prospective voters, especially in the small towns and rural areas that have abandoned Democrats in recent election cycles.

He said he believes that even if voters don’t completely agree with him, they’ll respect him for having the conversation.

According to the campaign, Sand met with about 10,000 people across all 100 of his town halls, taking roughly 750 questions.

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Sand positions himself as an independent-minded Democrat fed up with the two-party political system. And on the campaign trail, he argues that single-party control of government has led to abuses of power.

“We all know the phrase ‘power corrupts and absolute power corrupts absolutely,’” he said as he embarked on his statewide tour. “And now we can say it also takes 10 years. Ten years of one-party control.”

He said that isn’t a partisan statement.

“I invite you to visit the state of California. I invite you to visit the state of New York,” he said. “There, you will find problems. … Either party, when left to its own devices, will begin to serve insiders and special interest groups.”

He’s also incredibly well-funded.

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Sand has raised nearly $28 million since the start of his campaign — a number that is boosted significantly by his wealthy in-laws, who have contributed about $11.5 million.

Sand has used his war chest to begin airing a series of accountability-focused television ads, while his opponents are mired in a competitive primary fight.

Five Republicans will be on the June 2 primary ballot, including Feenstra, state Rep. Eddie Andrews, businessman Zach Lahn, former state Rep. Brad Sherman and former state administrator Adam Steen.

Feenstra entered the race as the presumed frontrunner, with millions of dollars already at his disposal and the backing of some of the state’s top elected officials.

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He has run a campaign focused on making Iowa a business- and ag-friendly state, improving education, reducing property taxes, and increasing access to quality and affordable health care.

He touts his work helping to secure Trump’s agenda in Congress, including helping to author portions of the One Big Beautiful Bill Act.

Trump issued a key endorsement in Feenstra’s favor just days before the primary, which could help buoy his prospects.

Iowa’s MAGA-aligned Republican base has always treated Feenstra with some skepticism — a mood that has intensified as he avoids many public-facing events, including multi-candidate forums and primary debates.

As Election Day nears, Feenstra faces the threat of failing to reach the 35% threshold needed to secure the nomination outright.

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If no candidate hits that benchmark, the nomination will be decided by a group of a grassroots delegates at a statewide convention June 13.

In the final days of the race, Feenstra’s campaign has trained its attacks on Lahn, a businessman, entrepreneur and farmer who has aligned himself with Robert F. Kennedy Jr.’s Make America Healthy Again movement.

Lahn has gained momentum on the campaign trail by focusing much of his message on fighting special interests and corporate monopolies, as well as Iowa’s rising cancer rates and problems with water quality.

“We don’t have time to ignore the problem anymore,” Lahn said of Iowa’s cancer and water problems. “And I think Iowans know that.” 

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He’s also aired a series of TV ads emphasizing his conservative roots, arguing that “Marxists” have “hijacked” public school curricula and that government jobs should not go to H-1B visa holders in an effort to end illegal immigration.

Lahn outraised Feenstra in the fundraising period that ran from Jan. 1 to May 14, although Feenstra has raised more overall. Lahn has self-funded the bulk of his campaign, contributed $2 million to the effort.

Also on the GOP ballot are state Rep. Eddie Andrews, former state Rep. Brad Sherman and former state administrator Adam Steen.

A pair of congressional races will put Iowa in the spotlight

Two of Iowa’s four congressional races are rated “toss-ups” by the Cook Political Report and are expected to draw significant national attention. There are just 18 such races in the country.

The 3rd District, which encompasses the Capitol city of Des Moines, is perhaps the state’s swingiest.

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Currently represented by Republican U.S. Rep. Zach Nunn, the district is about 36% registered Republicans and 31% registered Democrats. Another 32% are no-party voters.

Nunn is being challenged by Sarah Trone Garriott, a state senator from West Des Moines. Both are unopposed for their party’s nomination.

And in the state’s southeast corner, Republican U.S. Rep. Mariannette Miller‑Meeks and Democratic challenger Christina Bohannan are gearing up for what could be their third race against each other since 2022.

Despite each facing party challengers, Both Miller-Meeks and Bohannan have been largely operating in general election mode ahead of the June 2 primary. The two each have stockpiled more than $4 million for one of the nation’s top targeted U.S. House battles.

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Democrats have also identified Iowa’s 2nd District as a possible pickup opportunity under the right circumstances. That is an open race after Hinson decided to run for U.S. Senate.

Cook Political Report has shifted the race from “Solid R” to “Likely R,” saying Democrats “have a better shot” at competing now that Hinson is running for another position.

In the Democratic race, state Rep. Lindsay James of Dubuque has emerged as the party’s fundraising leader, followed by former Cedar Rapids nonprofit leader Clint Twedt-Ball and former Kirkwood Community College Dean of Nursing Kathy Dolter.

And on the Republican side, former state Rep. Joe Mitchell of Clear Lake has emerged as the clear frontrunner in the GOP primary, building a massive fundraising advantage over state Sen. Charlie McClintock of Alburnett, while collecting endorsements from Trump and national Republicans.

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Des Moines Register reporters Stephen Gruber-Miller and Marissa Payne contributed to this report.

Brianne Pfannenstiel is the chief politics reporter for the Des Moines Register. She writes about campaigns, elections and the Iowa Caucuses. Reach her at bpfann@dmreg.com or 515-284-8244. Follow her on X at @brianneDMR.



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Chicago Cubs’ Matt Shaw expected to begin rehab assignment with Iowa

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Chicago Cubs’ Matt Shaw expected to begin rehab assignment with Iowa


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When the Iowa Cubs return to Principal Park in Des Moines on June 2, the Triple-A team will likely be bringing back a familiar face.

Chicago Cubs manager Craig Counsel told reporters in St. Louis, Mo., on May 29 that super utilityman Matt Shaw would likely join Iowa when the team opens a six-game series against Toledo that Tuesday.

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“Matts doing super well,” Counsell said during a pregame meeting with scribes. “The plan kind of remains intact that we think he’s going to be able to start a rehab assignment on Tuesday in Iowa. So, assuming everything progresses like it progresses, he’s going to have basically a full weekend of kind of normal pregame stuff. He should be good to go on Tuesday in Iowa.”

Shaw was placed on the injured list back on May 22 with mild back tightness, retroactive to May 20. He was replaced on the big-league roster by prized Cubs prospect Pedro Ramrirez, who tore apart opposing pitching during his first stint in Triple-A in 2026.

Shaw, 24, was hitting .242 (23-for-95) with six doubles, three home runs, three stolen bases and a .291 on base percentage to go along with a .400 slugging percentage in 42 games with Chicago this season. He’s bounced around the field this season and provided an important option off the bench for the Cubs.

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Shaw remains one of the organization’s top young players. The Cubs selected in the first round of the 2023 draft. Shaw rapidly rose through the minor leagues and made his big-league debut with Chicago in 2025. After some early-season struggles, Shaw was briefly demoted to Iowa in 2024 before eventually making a return to the big leagues.

While the hitting wasn’t great, the defense was exceptional. Shaw found a home at third base and played so well he became a Gold Glove finalist in 2025.

Iowa starts the series on Tuesday at 6:38 p.m.

Tommy Birch, the Register’s sports enterprise and features reporter, has been working at the newspaper since 2008. He’s the 2018, 2020, 2023 and 2025 Iowa Sportswriter of the Year. Reach him at tbirch@dmreg.com or 515-284-8468.

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Iowa Supreme court affirms eviction order for Short’s Burger & Shine

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Iowa Supreme court affirms eviction order for Short’s Burger & Shine


Following a years-long legal saga, the Iowa Supreme Court recently upheld a decision to evict Short’s Burger and Shine from its South Clinton Street building.

The May 22 decision, delivered by Chief Justice Susan Christensen, agreed with the Johnson County District Court’s decision to evict the downtown burger restaurant after finding that it did not notify the building’s owner — a trust operated by Midwest One Bank — of its intent to extend the lease.

The decision concludes one part of the Short’s legal saga. The now-closed restaurant is also in litigation for a discrimination and retaliation lawsuit Short’s owner, Kevin Perez filed in 2024 against Midwest One Bank, the trust of late building owner Haywood Belle, Belle’s widow, a bank employee, and the City of Iowa City

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Iowa City’s Short’s Burgers and Shine closed in 2024

Short’s closed in early 2024 after the court determined Perez hadn’t renewed the business’s lease on time.

Short’s opened at 18 S. Clinton Street in 2008 with the goal of honoring the legacy and story of former building owner H.D. Short, who shined shoes for 50 years, beginning in 1920. The original ownership group included Perez, Dan Ouverson, and former Hawkeye and NFL player Nate Kaeding, who now runs the Gold Cap Hospitality ownership group.

Eviction proceedings started when Short’s temporarily closed in April 2022 “to fix poor building conditions” without notifying Midwest One Bank, the executor of Belle’s trust.

The closure breached a part of the lease agreement that said the restaurant would default on its lease if it “failed to engage” in normal business for more than 15 consecutive business days, the court found. The renovations also violated a provision that forbade structural changes or improvements without prior written approval.

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Midwest One Bank sent notice on May 10, 2022, that Short’s would default on its lease if it did not reopen for regular business and cease renovations within 10 days, according to court documents. Shorts responded, claiming it could not reopen for business until renovations were complete because the gas could not be turned back on until repairs were finished.

Midwest One Bank “terminated” the lease and started eviction proceedings in May 2022. Shorts was allowed to continue operating and occupying the building while the case was litigated.

Midwest One Bank filed two eviction claims and delivered notice that Short’s needed to vacate the building by the end of the lease on April 30. Short’s did not vacate, and Midwest One Bank pursued a third eviction claim, accusing the owners of failing to provide notice of renewal.

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Short’s argued that because they continued renovations, disputed eviction, and secured insurance, it was evidence of their intent to renew.

The restaurant owners also argued that pending eviction proceedings prevented them from renewal. The court argued that Short’s simply did not declare intent to renew for “whatever reason.”

“Mere forgetfulness does not entitle a party to equitable relief,” the decision reads.

Liam Halawith covers Johnson County local government and public safety for the Press-Citizen. Reach him by email at lhalawith@registermedia.com. Follow him on X at @liam_halawith.   

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