State v. Roe, ___ N.W.2d ___ (Sup. Ct. No. 00-0297) (Iowa 2/27/2002). Stipulations - effect. A defendant's stipulation regarding evidence may eliminate the State's need to marshal proof on an essential element of a crime, but the stipulation does not eliminate the jury's duty to make a finding beyond a reasonable doubt on each essential element.  As such, defendant who stipulated to the chapter 236 domestic nature of his relationship with the victim in connection with charges of domestic abuse assault cannot be sentenced for domestic abuse assault when the jury is not instructed on that element and returns a verdict for a lesser offense of simple assault.  See also State v. Owens, 635 N.W.2d 478 (Iowa 2001).

Klouda v. Sixth Judicial Dist. Dep't of Corr. Servs., ___N.W.2d ___ (Sup. Ct. No. 99-1560) (2/27/2002). Separation of powers:  statute authorizing 6th district pilot project transferring probation revocation decisions to ALJ unconstitutional.   The powers transferred under the challenged statutes that clearly encroach upon judicial power include those enabling the ALJ to (1) reconsider the defendant's sentence in the manner provided in sections 902.4 and 903.2, (2) sentence the defendant to a jail term while continuing probation, (3) revoke probation and require the defendant to serve a lesser sentence than that imposed by the district court; and (4) revoke probation and place the defendant on work release. Court also finds the ALJ's ability under the challenged statutes to revoke or continue probation encroaches on judicial power and violates the separation-of-powers doctrine. Suspending a sentence, granting probation, revoking probation, or continuing probation fall within the realm of judicial powers. (This decision shall not apply retroactively to cases in which a final decision has been rendered unless the case is pending on appeal and the issue was preserved.)