Crime/Courts
Iowa Supreme Court Opinions PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Friday, 18 May 2012 14:48
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. 11–0444

ROBERT M. JOHNSON, Trustee of the Robert M. Johnson Revocable Living Trust, and KATHRYN M. ZIMMER vs. DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY, Acting by and Through its Operating Contractor, the City of Des Moines

No. 11–2114

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. THOMAS G. McCUSKEY

No. 12–0228

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. KAREN A. TAYLOR

 
Iowa Supreme Court Requests for Further Review PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Tuesday, 15 May 2012 09:34

FURTHER REVIEW RESULTS

May 1, 2012

DENIED:

 

NUMBER

COUNTY

CASE NAME

10–2036

Dallas

Wuebker v. Heenan Agency, Inc.

10–2063

Black Hawk

State v. Gaddeh

10–2127

Dubuque

State v. Weidemann

11–0243

Lee (South)

State v. Rose

11–0440

Pottawattamie

In re Marriage of Dietz

11–0470

Black Hawk

State v. Pfaltzgraff

11–0524

Polk

State v. Jackson

11–0528

Black Hawk

State v. Gaddeh

11–0730

Clinton

State v. Jones

11–0784

Cerro Gordo

Prairie Ridge v. Jackson

11–0888

Emmet

Kinnel v. Gardner

11–0940

Palo Alto

In re Estate of Thompson

11–0983

Polk

Elliott v. Hughbis & The Kernel

11–1087

Scott

State v. Lard

11–1227

Scott

State v. Geist

11–1355

Des Moines

In re Marriage of Hake

11–1935

Benton

In re K.W. and K.K.

11–2073

Scott

In re N.T.J.

12–0005

Polk

In re C.E. and J.V.Z.

 

GRANTED:

 

 

NUMBER

COUNTY

CASE NAME

11–0472

Pottawattamie

State v. Velez

11–0877

Washington

Jack v. P & A Farms

11–0892

Fayette

Sallee v. Stewart


May 1, 2012

April 18, 2012

April 5, 2012

March 13, 2012

February 14, 2012

January 11, 2012

December 19, 2011

November 29, 2011

October 19, 2011

September 14, 2011

August 23, 2011

July 22, 2011

 
Iowa Supreme Court Decisions PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Tuesday, 15 May 2012 08:16
May 11, 2012

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. 11–0525

STATE OF IOWA vs. JEFFREY DANA KURTH

No. 11–1498

EAST CENTRAL COMMUNITY SCHOOL DISTRICT vs. MISSISSIPPI BEND AREA EDUCATION AGENCY

 
Grassley, GOP Judiciary Members Question Handling of Known Hezbollah Figure who was in U.S. Custody PDF Print E-mail
News Releases - Crime/Courts
Written by Grassley Press   
Monday, 14 May 2012 15:05

WASHINGTON – After learning that an Iraqi court would release Ali Musa Daqduq, a known Hezbollah figure and orchestrator of a plot that led to the deaths of five American soldiers, all Republican members of the Judiciary Committee asked Attorney General Eric Holder and Secretary of Defense Leon Panetta for information about the Obama administration’s plans for dealing with the terrorist.

 

The members wrote, “Now an Iraqi court has cleared Daqduq of any criminal charges under Iraqi law and, as we and many other observers had feared, may be set free without being held to account for his crimes against the United States and its soldiers.”

 

Daqduq was captured on the battlefield in Iraq and was in U.S. custody until December 2011 when the Obama administration turned him over to Iraqi authorities.  Before handing the terrorist over to Iraq, a number of senators sent several letters to the administration urging them to try Daqduq before a military tribunal, instead of releasing him to Iraq, because of concerns that the Iraqi government would free the terrorist and he would be able to rejoin the battlefield and innocent people could be killed.  Those letters can be found here.

 

Following the turnover of Daqduq to Iraqi custody, the administration charged Daqduq with war crimes, but knowledge of those charges were only made public when the New York Times obtained a copy of the document.  It appears the administration made the charges only after the handover when Daqduq wouldn’t be accessible to the U.S. government.

 

Here’s a copy of the letter to Holder and Panetta.  A signed copy of the letter can be found here.

 

May 10, 2012

 

Via Electronic Transmission

The Honorable Eric H. Holder, Jr.                            The Honorable Leon Panetta

Attorney General                        Secretary of Defense

U.S. Department of Justice                        Department of Defense

950 Pennsylvania Avenue, N.W.                           Pentagon

Washington, D.C. 20530                          Washington, D.C. 20301

 

Dear Attorney General Holder and Secretary Panetta:

 

According to a report in the New York Times on May 7, 2012, an Iraqi court has ordered the release of Ali Musa Daqduq.  Daqduq is a senior Hezbollah field commander who allegedly orchestrated a kidnapping that resulted in the deaths of five U. S. soldiers in Karbala, Iraq in 2007.  He also has close ties with Iran’s Qods Force, including training its fighters in the use of improvised explosive devices (IED) and other insurgent tactics employed against U.S. troops.  Daqduq had been in U.S. military custody until the United States turned him over to Iraqi authorities upon exiting Iraq in December 2011.

 

According to another report in the New York Times earlier this year, Daqduq has been charged with war crimes, including murder, terrorism, and espionage, before a U.S. military commission.  However, those charges were not made public until the New York Times obtained a copy of the charging document.   In fact, it appears that the Administration knew it was going to pursue charges against Daqduq, waited until he was released to Iraq, and then filed the charges, but failed to keep Congress apprised of its plans.

 

We have expressed a keen interest in Daqduq and in the Administration’s plans for him.  In May 2011, Attorney General Holder appeared before the Senate Committee on the Judiciary (Committee) and was specifically asked about prosecution plans for Daqduq.  We followed up with a letter to Attorney General Holder on May 16, 2011, again expressing concerns about, and interest in, how the Administration was going to prosecute Daqduq.  On July 29, 2011, another letter was sent to Secretary Panetta, seeking information about issues relating to Daqduq held by the Department of Defense.  Finally, on August 8, 2011, the Department of Justice responded through a letter from Ronald Weich that indicated the “ultimate disposition of this matter is under consideration by an interagency process that includes . . . the Department of Justice.”

 

Subsequently, Administration officials briefed Congress about Daqduq’s imminent release into Iraqi custody.  Yet, they never mentioned that the Administration was considering charges, which were filed approximately two weeks later.  Eight pages of charges, surely involving classified materials or evidence, would require more than two weeks to review, organize, and approve.  This appears to indicate that either the Administration was purposefully withholding information from Congress or it had not done the due diligence required to file charges in a serious case against a dangerous terrorist.  Furthermore, in the future, when the Administration claims that it is aggressively pursuing Daqduq, it will sound disingenuous since we know that he was only charged after he was released to another country.  If the Administration was serious in pursuing Daqduq, officials had many years when they could have brought charges against him, yet the Administration waited until he was not available to prosecute.

 

Now an Iraqi court has cleared Daqduq of any criminal charges under Iraqi law and, as we and many other observers had feared, may be set free without being held to account for his crimes against the United States and its soldiers.  As it appears Daqduq is on the verge of escaping justice, we again ask for information about the Administration’s plans for dealing with this situation.

 

Accordingly, provide the following information:

 

·         A copy of the military commission charging document filed against Daqduq;

·         A list of who was involved in this decision and who was the final decision-maker;

·         An explanation of when, if at all, the families of his U.S. victims were consulted about his prosecution;

·         An explanation of whether Daqduq has been notified of the U.S. charges against him;

·         A description of which components in the Administration have been, currently are, or expect to be involved in the Daqduq matter;

·         A description of efforts to have Daqduq transferred into U.S. custody after he was charged, including whether any formal extradition request was made to the Iraqi government;

·         A description of any conditions (such as transfer to a civilian court) required by the Iraqi government for extraditing Daqduq and the U.S. response to those conditions;

·         An explanation of where Daqduq is expected to be held, if he were transferred into U.S. custody;

·         A description of charges against Daqduq from any other country of which the Administration is aware;

·         A description of whether and how the Administration assisted in Daqduq’s prosecution by the Iraqi government;

·         An explanation of why briefers from the Administration failed to indicate that criminal charges were prepared but not presented to a military commission prior to turning Daqduq over to the Iraqi government.

·         An assessment of why the Iraqi prosecution of Daqduq failed, including any problems with the Iraqi court’s willingness or capability to consider valid evidence provided by the United States, such as forensic evidence and statements made while in U.S. custody;

·         A description of options the Administration is considering for next steps in the handling of Daqduq’s case; and,

·         A description of Administration discussions with the Iraqi government about next steps in the handling of Daqduq’s case.

 

Given the serious consequences that could result from Daqduq’s release from Iraqi custody and the important issues raised regarding future decisions to turn over detainees to foreign governments, we appreciate your response no later than May 25, 2012.

 

Sincerely,

 
New Forms Help Iowans Who Represent Themselves in Small Claims Court PDF Print E-mail
News Releases - Crime/Courts
Written by Steve Davis   
Wednesday, 09 May 2012 12:45

Des Moines, May 7, 2012—Iowans who choose to represent themselves in small claims court will find it easier to do so with the help of new, easy-to-use forms. The Iowa Supreme Court approved a large number of new forms to help Iowans navigate the ins and outs of a small claims court case, from beginning to end. The court also updated some existing forms by making them easier to understand and use.

 

"More and more people are going to court without the assistance of lawyers. Representing yourself is never an easy thing to do. However, the new forms should help," said Iowa Court of Appeals Judge David Danilson, who is co-chair of the committee that designed the forms. "These forms are all a person needs to complete a routine small claims case without the aid of a lawyer."

 

The small claim process is a low-cost, simple process for resolving civil disputes without going through extensive court proceedings. In a small claims case, a person can file a suit for nearly any civil claim against another party, such as for breach of contract, damages suffered in an accident, and landlord tenant disputes, so long as the claim is for $5000 or less. Small claims cases are tried before a judge, not a jury, and without strict regard to the technicalities of rules of procedure. More information about small claim procedures is available on the Iowa Judicial Branch website at: http://www.iowacourts.gov/Representing_Yourself/Civil_Law/Small_Claims/.

 

The new and updated forms may be used starting today. Lawyers and litigants currently using the old forms may continue to do so through June 30. Beginning July 1, 2012, the new forms must be used exclusively in all small claims cases. The forms are available on the Iowa Judicial Branch website at: http://www.iowacourts.gov/Court_Rules_and_Forms/Recent_Amendments__New_Rules/ .

 

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