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BURNETT v. SMITH

No. 22-1010.

990 N.W.2d 289 (2023)

Cory BURNETT, Appellant, v. Phillip SMITH and State of Iowa, Appellees.

Supreme Court of Iowa.

Filed May 5, 2023.

Rehearing Denied May 23, 2023.

Attorney(s) appearing for the Case

Martin Diaz (argued), Swisher, for appellant.

Brenna Bird , Attorney General, Jeffrey S. Thompson , Solicitor General (until withdrawal), and Tessa M. Register (argued) and B.J. Terrones , Assistant Attorneys General, for appellees.

Elizabeth J. Craig , Iowa City, for amicus curiae Iowa League of Cities.

Mansfield, J., delivered the opinion of the court, in which all justices joined. Christensen, C.J., filed a concurring opinion.

I. Introduction.

Under Iowa law, a person commits interference with official acts when the person knowingly resists or obstructs a peace officer in the performance of their lawful duties. Iowa Code § 719.1(1)(a) (2019). But resistance and obstruction are not the same as a passive refusal to render assistance...

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