Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 12-1515

JOSHUA N. THOMAS vs. OFFICERS TIM GAVIN, CHUCK TYGART, JESS BERNHARD, and ADAM OLSON; DEPUTY SHERIFF LUKE HRUBY; RESERVE DEPUTY SHERIFF JOSHUA GERSTEN; the CITY OF NORTH LIBERTY, IOWA; and JOHNSON COUNTY, IOWA

No. 13-0480

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. BRIAN JESSE NELSON

Iowa Supreme Court Justices to meet with Fort Dodge Area Students

Des Moines, IA,  October 4, 2013– On Thursday, October 10, members of the Iowa Supreme Court will visit five Fort Dodge area high schools and the community college to meet with students and discuss the role of the courts. In Fort Dodge, the justices will visit Senior and St. Edmond high schools and Iowa Central Community College. Justices will also visit Webster City, Eagle Grove, and Storm Lake high schools.

High School/Community College visit schedule for Thursday, October 10, 2013

Justice Edward Mansfield will visit Eagle Grove High School at 8:10 a.m.

Justice David Wiggins will visit Fort Dodge Senior High School at 9:00 a.m.

Justice Bruce Zager will visit Webster City High School at 9:00 a.m.

Justice Thomas Waterman will visit St. Edmond High School at 9:40 a.m.

Justice Daryl Hecht will visit Storm Lake High School at 8:15 a.m.

Chief Justice Mark Cady will visit Iowa Central Community College at 11:30 a.m.

In addition to the school visits, the supreme court will hold a special session in Fort Dodge on Wednesday evening, October 9. During the special session, the court will hear oral arguments in two cases in the new Fort Dodge Middle School auditorium, 800 N. 32nd Street. The session begins at 7 p.m. As always, oral arguments are open to the public. A public reception with the justices, sponsored by the Greater Fort Dodge Growth Alliance, will follow the oral arguments in the auditorium lobby.

Special Session

Wednesday, October 9, at 7:00 p.m.

Fort Dodge Middle School auditorium

800 N. 32nd Street

Fort Dodge, Iowa

The Iowa Supreme Court will hear lawyers argue in two cases:

Iowa Farm Bureau, et al. v. Environmental Protection Commission, et al.

Iowa Farm Bureau challenged the validity of new water quality regulations on the grounds that two of the commissioners on the Iowa Environmental Protection Commission (EPC) improperly participated in voting on the regulations. Petitioners also contend the district court's application of the common law de facto officer doctrine to uphold the validity of the EPC's regulations is inconsistent with the Iowa Administrative Procedure Act.

In re the Detention of Anthony Geltz

Respondent was adjudicated a delinquent at age 14 for the offense of second-degree sexual abuse. Upon Respondent's 18th birthday, the State filed a petition to have him civilly committed as a sexually violent predator. On appeal, Respondent argues the district court erred in ruling that his previous adjudication of juvenile delinquency for sexual abuse is a "conviction" for purposes of proving him to be a sexually violent predator subject to civil commitment pursuant to Iowa Code chapter 229A.

 

For more information about the oral arguments

Attorneys' briefs for the two cases and a "Guide to Oral Arguments" are posted on the Iowa Judicial Branch website at:

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Offsite_Oral_Arguments.

 

Note to news media

News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, and audio recording devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch Website at: http://www.iowacourts.gov/For_the_Media/Expanded_Media_Coverage.

 

The Iowa Court Rules regarding cameras and other electronic devices in the courtroom are on the Iowa Legislature website at:

https://www.legis.iowa.gov/DOCS/ACO/CR/LINC/09-27-2013.chapter.25.pdf (the first page is blank)

 

# # #

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 13-0283

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. TAREK A. KHOWASSAH

No. 13-0372

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. MARY ELLEN KENNEDY

The supreme court recently issued an order either granting or denying application for further review in the cases listed below.

September 11, 2013

DENIED:

 

NUMBER

COUNTY

CASE NAME

 

 

10-1337

Linn

Robinson v. State

10-1482

Marshall

State v. Anderson

10-1815

Scott

State v. Lockheart

11-0061

Polk

State v. Bennett

11-0468

Black Hawk

State v. Hanes

11-1588

Polk

Toe v. Cooper Tire

12-0371

Woodbury

State v. Nichols

12-0426

Pottawattamie

State v. Armstrong

12-0499

Polk

Dixon v. State

12-0551

Monona

State v. Bitzan

12-0556

Black Hawk

State v. Sallay

12-0622

Black Hawk

State v. Williams

12-0730

Lee (South)

State v. Hobbs

12-0765

Pottawattamie

In re Marriage of Harter

12-0830

Story

Shelburn v. State

12-0908

Dubuque

Ginter v. State

12-0957

Scott

State v. Dixon

12-1066

Black Hawk

State v. Brown

12-1151

Polk

State v. Sinclair

12-1212

Boone

In re Estate of Timm

12-1223

Linn

Spears v. Com Link, Inc.

12-1337

Johnson

State v. Watson

12-1358

Clay

Lane v. Spencer Municipal Hospital

12-1424

Cerro Gordo

State v. Graham

12-1438

Black Hawk

State v. Lewis

12-1425

Black Hawk

State v. Johnson

12-1452

Lee (North)

Lang v. State

12-1577

Clay

Biedenfeld v. Estate of French

12-1818

Dallas

Earlham Sav. Bank v. Morrell

12-2042

Scott

State v. Haywood-Parker

13-0740

Dubuque

In re S. O. & L.O.

13-0891

Monona

In re J.C.P.S. and A.M.S.S.

 

 

GRANTED:

 

NUMBER

COUNTY

CASE NAME

 

 

11-0492

Scott

State v. Means

11-1272

Polk

State v. Gines

11-1133

Scott

State v. Ross

12-0983

Adams

State v. McEndree

 

 

Des Moines, September 16, 2013 - On Wednesday, October 9, the Iowa Supreme Court will hear oral arguments in Fort Dodge, Iowa. The proceeding will take place in the new Fort Dodge Middle School auditorium, 800 N. 32nd Street. The session will begin at 7 p.m.

http://www.iowacourts.gov/news_service/news_releases/NewsItem582/index.asp

Des Moines, September 13, 2013–On Friday, September 27, the Iowa Court of Appeals will hold a special ceremony to mark the retirement of Chief Judge Larry J. Eisenhauer. This public ceremony will be at 3:00 p.m. in the supreme court courtroom on the fourth floor of the Judicial Branch Building, 1111 E. Court Ave., Des Moines. Overflow seating will be available in the auditorium and elsewhere in the building.

Judge Eisenhauer was born in Emporia, Kansas, and received his undergraduate degree from Emporia State University in 1968. He then served in the United States Army for two years, including a tour of duty in Vietnam, before attending Drake University Law School. After graduating in 1974, he practiced law privately and served as an associate juvenile judge from 1985 to 1993. He was appointed to the district court bench in 1993 and served as district court judge until his appointment to the court of appeals. He was selected chief judge in 2012. Judge Eisenhauer is a member of the Polk County, Iowa State, and American Bar Associations, and the Iowa Judges Association. Judge Eisenhauer is married, has two children, and one grandchild.

In 2005, Judge Eisenhauer volunteered for a six-month term as an international judge for the United Nations Mission in Kosovo. While there, he served as presiding judge on a three-judge panel in a case in which the defendants were charged with trafficking in human beings and rape, and he served as the investigating judge in a terrorism case.

In 2008, Judge Eisenhauer received the Iowa Judges Association Award of Merit. The award is given annually to recognize a judge who has made extraordinary contributions to the Iowa Judges Association and who has been a role model to new judges.

Media Advisory: The court will allow cameras and audio recording equipment in the courtroom subject to available space. If you wish to be present for the entire ceremony and have camera and recording equipment to install, please arrive twenty minutes in advance of the ceremony. If you wish to record only a portion of the proceedings inside the courtroom, please contact Steve Davis to make arrangements. The media room will also be open for use by the media. For questions about equipment set-up, contact Jim Evans at 281-5241.

# # #

Des Moines, September 3, 2013 – Clerk of court offices throughout Iowa are now open to the public from 8:00 a.m. to 4:30 p.m., Monday through Friday. Clerks of court work with judges, judicial magistrates, and court employees to manage and maintain all court records. In addition, clerks accept and process fines, fees, and court costs owed to the state, and child support checks and civil judgments owed to litigants. Clerks also dispose of uncontested scheduled violations, such as speeding citations, and notify state and local government agencies, including law enforcement agencies, of court orders. Nearly all court cases in Iowa begin with a filing with a clerk of court.

"It was very important to the justices of the supreme court, the governor, and to members of the legislature that all of Iowa's clerks of court offices are open to the public full time," State Court Administrator David Boyd said. "Clerks help thousands of Iowans every day but due to staff shortages our clerk offices have been closed to the public every Tuesday and Thursday afternoon since the Fall of 2009. With the budget approved by the legislature and signed by the governor in June, the supreme court authorized more than 40 additional positions for the state's clerk of court offices so that all the offices will be open to the public full time."

In northwest Iowa, 29 offices opened full time July 15, 2013, while the remaining clerk offices and the clerk of appellate courts office opened full time on September 3, 2013. The clerk of appellate courts office and some district court clerk's offices may be closed over the lunch hour in some smaller counties and some offices may temporarily close in order to cover special circumstances such as staff training or unexpected staff shortages. The complete schedule is posted on the Iowa Judicial Branch website at http://www.iowacourts.gov/Administration/Budget/Clerk_of_Court_HoursClosures/

The $167.7 Iowa Judicial Branch million budget, a 3.5% increase over the previous fiscal year's budget, includes an additional 13 juvenile court officers and 13 court reporter positions. The budget also includes four new information technology positions to help with the implementation of electronic filing in the state.

# # #

Iowa Supreme Court Opinions

August 23, 2013

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11-1082

STATE OF IOWA vs. JONAS DORIAN NEIDERBACH

No. 12-0255

STATE OF IOWA vs. CHRISTOPHER CRAIG THOMPSON

No. 12-0292

PHILLIP E. JONES vs. UNIVERSITY OF IOWA; THE BOARD OF REGENTS FOR THE STATE OF IOWA; SALLY MASON, President of the University of Iowa and Individually; and THE STOLAR PARTNERSHIP, LLP

Des Moines, (August 19, 2013) ?The State Judicial Nominating Commission will hold public interviews of the 22 applicants for the Iowa Court of Appeals on August 21 and 22, 2013, beginning at 11:00 a.m. August 21 and 9:40 a.m. August 22. The interviews will be in the Iowa Supreme Court courtroom, 4th Floor, Iowa Judicial Branch Building, 1111 East Court Ave., Des Moines. The public is welcome to attend. The interviews will be streamed live over the Internet. A link to the stream will be on the Iowa Judicial Branch website home page ( www.iowacourts.gov ). The interviews will be limited to 20 minutes for each applicant. The schedule of interviews is below.

 

Wednesday, August 21, 2013

11:00 a.m.     Sharon Greer

11:20             Randy Lee Waagmeester

11:40             Douglas Robert Oelschlaeger

 

12:00 p.m.      Lunch

 

12:50             Molly McConville Weber

1:10                Michael Joseph Shubatt

1:30                Peter Christopher Hart

1:50                Frank  Cal Tenuta

2:10                Jennifer Lee Miller

2:30                Phillip John Tabor

2:50                Susan Kay Christensen

 

3:10                Break

 

3:30                Christopher Lee  McDonald

3:50                Alan H. Bjork

4:10                Emily Gould Chafa

4:30                Matt M. Dummermuth

4:50                Mark Dana Cleve

 

Thursday, August 22

9:40 a.m.       Jeanie Kunkle Vaudt

10:00             David Larry Leitner

10:20             Thomas Arthur  Mayes

10:40             George Scott Eichhorn

 

11:00             Break

 

11:20             Samuel Paul Langholz

11:40             Rebecca Saffin Parrish-Sams

12:00             Alan Roger Ostergren

 

 

Completed questionnaires and writing samples submitted by the applicants are available to the public and posted on the Iowa Judicial Branch website at http://www.iowacourts.gov/State_Judicial_Nominating_Commission/Application_Information

 

The Commission is responsible for screening applicants and sending a slate of nominees to the governor who makes the appointment to the court. The Commission plans to send a slate of three nominees to Governor Branstad. The court of appeals vacancy will occur when Chief Judge Larry J. Eisenhauer retires September 30, 2013.

 

 

 

# # #

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11-1080

STATE OF IOWA vs. DENEM ANTHONY NULL

No. 11-1214

STATE OF IOWA vs. DESIRAE MONIQUE PEARSON

No. 12-1758

STATE OF IOWA vs. JEFFREY K. RAGLAND

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