Crime/Courts
Iowa Supreme Court Opinions November 2, 2012 PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Friday, 02 November 2012 09:15
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. 11–0877

LEONARD JACK vs. P AND A FARMS, LTD., d/b/a CROOKED CREEK SHOOTING PRESERVE

No. 11–1378

IN THE MATTER OF THE ESTATE OF KAREN J. MYERS, Deceased. REX A. PICKEN

 
Gov. Branstad denies four applications for commutation PDF Print E-mail
News Releases - Crime/Courts
Written by Office of the Governor of the State of Iowa   
Thursday, 01 November 2012 15:56

(DES MOINES) – Gov. Terry E. Branstad today denied the following applications for commutation:

Nikkolas Kion Kemp, age 29, committed his crime on November 19, 2001 in Polk County.  He is currently serving a sentence for first-degree robbery.

DeMarcus Montrell McGee, age 33, committed his crimes on January 22, 1998 in Black Hawk County.  He is currently serving a sentence for first-degree robbery.

Andrew Lee Stephens, age 30, committed his crime on May 12, 2003 in Black Hawk County.  He is currently serving a sentence for first-degree robbery.

Evelyn Lou Tangie, age 67, committed her crime on July 27, 1996 in Wapello County.  She is currently serving a sentence for murder second-degree.

# # #

 
Issa, Grassley Report on ‘Fast and Furious’ Finds Widespread Justice Department Management Failures PDF Print E-mail
News Releases - Crime/Courts
Written by Grassley Press   
Monday, 29 October 2012 14:34

WASHINGTON – Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., and Senate Judiciary Committee Ranking Member Chuck Grassley, R-Iowa, today released the second installment of their final report on Operation Fast and Furious. This report chronicles the U.S. Department of Justice’s management failures, specifically finding fault with five senior Justice Department officials for failing to identify red flags indicating reckless tactics.

 

“The report discloses widespread management failures within the hierarchy of the Justice Department,” said Issa.  “The Justice Department has yet to evaluate these management issues and implement structural changes to prevent another disaster like Operation Fast and Furious from occurring. Furthermore, the Justice Department has taken limited action against these negligent managers.”

 

“Officials in the Justice Department saw any number of warnings and some even had the gunwalking information right in front of them, yet nothing was done to stop it.  Countless people may be murdered with these weapons, yet the Attorney General appears to be letting his employees slide by with little to no accountability.  The Attorney General needs to make changes to ensure that department leadership provides oversight of the agencies they are tasked with supervising, instead of pointing fingers at somebody else,” Grassley said.

 

Operation Fast and Furious contributed to the deaths of U.S. Border Patrol Agent Brian Terry and an unknown number of Mexican citizens.  It also created an ongoing public safety hazard on both sides of the border.  The failures happened because of conscious decisions to encourage gun dealers to sell to known traffickers and avoid interdicting those weapons or even questioning suspects, all in the hope that would lead law enforcement to cartel connections and a larger case.

 

The report can be found here and exhibits here.

 

The first installment of the final report focusing on ATF failures can be found here.

 

Report highlights:

  • A detailed account of the interview with former ATF Acting Director Kenneth Melson.
  • The Obama Administration’s new focus on trafficking and targeting of drug cartels, which led to the strategy behind Operation Fast and Furious.
  • Testimony from senior Justice Department officials about Operation Fast and Furious and the management problems it entailed. The report finds fault with five senior DOJ Officials for failing to supervise and for missing basic red flags.  Those officials are Assistant Attorney General Lanny Breuer, Acting Deputy Attorney General Gary Grindler, Deputy Assistant Attorney General Jason Weinstein and Associate Deputy Attorney General Ed Siskel. Attorney General Holder’s Deputy Chief of Staff Robert “Monty” Wilkinson also bears some responsibility for the poor management that lead to Operation Fast and Furious.
  • Acting Deputy Attorney General Gary Grindler, Associate Deputy Attorney General Ed Siskel, and other officials from the Office of the Deputy Attorney General attended a detailed briefing on Operation Fast and Furious in March 2010.  Despite the evidence presented at the briefing of illegally-purchased firearms being recovered in Mexico and in the U.S., Grindler and Siskel failed to ask probing questions or take any significant follow-up action to monitor and supervise the conduct of the case.
  • ATF officials asked both the Justice Department’s Criminal Division and ODAG for assistance in speeding up the indictments in Fast and Furious.  The Justice Department, however, took no action to intervene.  Instead, officials at Department headquarters only showed concern about preparing for the press impact of the indictments.
  • Deputy Chief of Staff to the Attorney General Monty Wilkinson discussed Attorney General Holder participating in the press conference announcing the take-down of Operation Fast and Furious prior to the death of Border Patrol Agent Brian Terry.
  • Both Monty Wilkinson and Gary Grindler were informed about the connection between Operation Fast and Furious and U.S. Border Patrol Agent Brian Terry’s murder.  Grindler received detailed information about the connection.  He took no additional action, however, to properly supervise the operation.
  • No one at Justice Department headquarters have provided complete and accurate answers to the Terry family.  During their respective transcribed interviews, Monty Wilkinson stated 38 times that he “did not recall” or “did not know.”  In a similar fashion, Gary Grindler did so 29 times, and Ed Siskel 21 times.  In two different transcribed interviews, Dennis Burke said he “did not recall” or “did not know” a combined total of 161 times.
  • Recommendations for future management of DOJ.

 

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Supreme Court Supervisory Order PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Monday, 29 October 2012 13:58

Orders

 

This section of the site contains orders of statewide interest recently issued by the Iowa Supreme Court. Orders will be posted in this section for one year from the date they are first posted.

 

Links on this page go to files that may be unusable if you do not have the proper programs installed on your computer. Visit the Site Tools and Accessibility page for any plug-ins or programs your may need.

 


Request for public comment regarding proposed collection activities (October 25, 2012)

Order (84 kb)


Proposed new Chapter 26 (288 kb)



In the Matter of the Electronic Document Management System and Standard eForms of Pleadings for Small Claims Actions (October 25, 2012)

Supervisory Order (72 kb)


www.iowacourts.gov/Online_Court_Services/EDMS/

Small Claims eForms (591 kb)



In the Matter of Appointments to the Advisory Committee Concerning Certain Civil Justice Reform Task Force Recommendations (October 10, 2012)

Order (78 kb)



Request for public comment regarding a proposed new rule of juvenile procedure 8.36 (August 30, 2012)

Order (140 kb)


New Rule of Juvenile Procedure 8.36 (228 kb)


Iowa Standards of Practice for Attorneys Representing Parents in Juvenile Court (1818 kb)


Public Comments on Proposed New Rule of Juvenile Procedure 8.36 (Oct. 16, 2012) (10612 kb)



Request for public comment regarding amendments to Professional Regulation of the Iowa Court Rules (August 27, 2012)

Order (420 kb)


Proposed amendments to Professional Regulation (142 kb)



Request for public comment regarding amendments to Chapters 6 and 21 of the Iowa Court Rules (August 27, 2012)

Order (496 kb)


Proposed amendments to Chapters 6 and 21 (107 kb)



Request for Comments to Proposed New Rule of Civil Procedure 1.1702 (August 3, 2012)

Order (407 kb)


Proposed New Rule (88 kb)



In the Matter of Rules for Involuntary Commitments or Treatment of Persons with Substance-Related Disorders (July 5, 2012)

Supervisory Order and Chapter 13 (516 kb)



In the Matter of Mileage Reimbursement (June 29, 2012)

Supervisory Order (32 kb)



In the Matter of EDMS and Standard Forms of Pleadings for Small Claims (June 29, 2012)

Supervisory Order (991 kb)



In the Matter of Forms for Court Orders Issued in Small Claims Court (June 28, 2012)

Supervisory Order and Forms for Court Orders (3515 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Nunc Pro Tunc (103 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Order (533 kb)



In the Matter of the Notice on Court-Generated Documents in Compliance with the Americans with Disabilities Act (May 1, 2012)

Supervisory Order (56 kb)



In the Matter of Revision of Interim Rules 16.306(5) and (6) Relating to Signatures in the Electronic Document Management System (April 24, 2012)

Supervisory Order (82 kb)


Revised 16.306(5) and (6) (36 kb)



Request for comments to proposed amendments to lawyer advertising rules (April 20, 2012)

Order (386 kb)


Proposed amendments (12844 kb)



Request for comments to proposed amendments to Rule 31.16 Registration of House Counsel (March 21, 2012)

Order (77 kb)


Proposed New Rule (304 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (March 1, 2012)

The Iowa Supreme Court amends the interim rules of Chapter 16 of the Iowa Court Rules governing EDMS

Order (77 kb)


Chapter 16 interim rules (349 kb)


Summary (43 kb)


General Commentary (114 kb)



Request for comments to proposed amendments to Rule of Appellate Procedure (February 10, 2012)

Order (244 kb)


Proposed New Rule (186 kb)



Request for comments to proposed amendments to Rules of Civil Procedure (December 2, 2011)

Order (575 kb)


Proposed New Rule (479 kb)



Request for comments to proposed amendments to Rules of Juvenile Procedures (November 23, 2011)

Order (103 kb)


Juvenile amendments (11 kb)



Request for comments to proposed amendments to rules regulating the practice of law (November 17, 2011)

Order (429 kb)


Summary (96 kb)


Proposed amendments (200 kb)



In the Matter of Request for Public Comment Regarding Proposed Small Claims Pleadings Forms (October 7, 2011)

Order (550 kb)


Small Claims Forms (944 kb)



In the Matter of Formation of the Small Claims Forms Advisory Committee (May 18, 2011)

Order (619 kb)



In the Matter of the Supreme Court Committee to Study Lawyer Advertising Rules (April 15, 2011)

Order (466 kb)



In the Matter of Rescission of Standard Forms of Pleadings for Small Claims Actions (April 6, 2011)

Supervisory Order (206 kb)



In the Matter of Temporary Rules Governing the Electronic Document Management System and Use of Standard Forms of Pleadings for Small Claims Actions (April 4, 2011)

Temporary rules governing EDMS to exempt electronic filers in Small Claims actions until further notice of this court

Supervisory Order (364 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (April 1, 2011)

The March 28, 2011, order contained typographical errors in the numbering sequence of the new and amended Small Claims forms compared to the prior forms being replaced. The forms themselves were correctly numbered.

Amended Order (427 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (March 28, 2011)

The Court rescinds Chapter 3 of the Iowa Court Rules, Standard Forms of Pleadings for Small Claims Actions, in its entirety. The court approves and adopts the revised Chapter 3 of the Iowa Court Rules attached to this Order.
Effective April 4, 2011


Order (6666 kb)


Standard Forms (pdf) (774 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately

Nunc Pro Tunc (170 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately.

Supervisory Order (181 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4; Form 4.11 (February 2, 2011)

Effective immediately.

Order and Form 4.11 (895 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4: Forms 4.1, 4.2, 4.11, and 4.15 (December 27, 2010)

Effective immediately

Supervisory Order (3402 kb)



In the Matter of the Appointment of the EMC Media Coordinator for Region 3

Effective December 17, 2010.

Order (192 kb)



Proposed Adoption of 2005 Model Standards of Conduct for Mediators (December 7, 2010)

Deadline for comments is March 7, 2011

Order (2271 kb)


Model Standards of Conduct for Mediators (166 kb)


Chapter 11 Study Group (2195 kb)



In the Matter of the Retention of a Private Court Reporter in a Civil Case: Amendment to January 6, 2010 Order (November 24, 2010)

Effective immediately

Supervisory Order (835 kb)



In the Matter of Temporary Rules to Govern the Use of the Electronic Document Management System Plymouth County and Story County (November 4, 2010)

Supervisory Order (538 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12070 kb)


Protected Information Disclosure (424 kb)


Small Claims Original Notice and Petition (3124 kb)


Notice of Transcript Redaction (445 kb)


General Commentary on Electronic Filing Rules (118 kb)



In the Matter of Changes to the Business Hours of the Chickasaw and Howard County Clerk of Court Offices (October 19, 2010)

Effective October 25, 2010

Supervisory Order (207 kb)



In the Matter of Changes to the Business Hours of the Greene County Clerk of Court Office (September 29, 2010)

Effective October 12, 2010

Supervisory Order (185 kb)



In the Matter of Changes to the Business Hours of the Boone County Clerk of Court Office (September 29, 2010)

Effective October 5, 2010

Supervisory Order (177 kb)



In the Matter of Changes to the Business Hours of the Adams, Ringgold and Taylor County Clerk of Court offices (September 29, 2010)

Effective October 4, 2010

Supervisory Order (189 kb)



In the Matter of the Judicial Council Advisory Committee on Fine Collection Procedures, Practices and Rules (September 24, 2010)

Effective immediately

Order (928 kb)



In the Matter of the Public Hours of the Office of the Clerk of the Appellate Courts (September 15, 2010)

Effective September 20, 2010

Supervisory Order (465 kb)



In the Matter of Changes to the Business Hours of the Jones County Clerk of Court Office (August 18, 2010)

Effective August 30, 2010

Supervisory Order (167 kb)



In the Matter of the Appointment of Members to Serve on the Civil Justice Reform Task Force (August 6, 2010)

Supervisory Order (106 kb)



In the Matter of Changes to the Business Hours of the Worth County Clerk of Court Office (August 4, 2010)

Effective September 10, 2010

Supervisory Order (181 kb)



In the Matter of Expanded Media Coverage of the Courts (July 21, 2010)

The supreme court has reorganized the jurisdiction of media coordinators for Jackson County.
Effective August 1, 2010

Order (171 kb)



In the Matter of Interim Procedures Governing the Collection of Court Fines and Fees (July 2, 2010)

Upon recommendation of the Judicial Council, the supreme court adopts interim provisions that will govern installment payment plans and other fine collection activities of the judicial branch until the adoption of permanent rules.
Effective July 12, 2010

Supervisory Order (1250 kb)



In the Matter of Changes to the Business Hours of the Floyd County Clerk of Court Office (May 13, 2010)

Effective May 20, 2010

Supervisory Order (174 kb)



In the Matter of Changes to the Business Hours of the Davis County Clerk of Court Office (May 4, 2010)

Effective May 10, 2010

Supervisory Order (176 kb)



In the Matter of Adoption of EDMS Rules for Pilot Project in Plymouth County (April 21, 2010)

Effective immediately

Supervisory Order (581 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12017 kb)


Protected Information Disclosure (520 kb)


Small Claims Original Notice and Petition (2292 kb)


General Commentary on Electronic Filing Rules (2274 kb)



In the Matter of Changes to the Business Hours of the Guthrie County Clerk of Court Office (April 13, 2010)

Effective immediately

Supervisory Order (173 kb)



In the Matter of the Business Hours of the Fremont County Clerk of Court Office (April 6, 2010)

Effective April 5, 2010

Supervisory Order (167 kb)



In the Matter of Appointment to the Task Force for Civil Justice Reform (March 23, 2010)

Effective immediately

Order (123 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (March 19, 2010)

Fremont county
Effective April 5, 2010

Supervisory Order (186 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (February 11, 2010)

Jefferson county
effective February 12, 2010

Supervisory Order (180 kb)



In the Matter of Prioritization of Cases and Duties (February 4, 2010)

Amendment to Order of December 1, 2009
Effective immediately

Supervisory Order (323 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 28, 2010)

Fifth District
effective February 1, 2010

Supervisory Order (252 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 26, 2010)

First, Second and Sixth districts
effective February 1, 2010

Supervisory Order (286 kb)



Proposed Revised Iowa Code of Judicial Conduct (January 19, 2010)

Chapter 51
Deadline for comments is March 19, 2010.

Order and Proposed Code (581 kb)



In the Matter of Private Retention of Court Reporters in Civil Cases (January 6, 2010)

Supervisory order (500 kb)



In the Matter of Appointments to the Task Force for Civil Justice Reform (December 18, 2009)

Order (655 kb)



In the Matter of Court Closure Days and Public Hours of Clerk of Court Offices (December 2, 2009)

Supervisory Order (63 kb)



In the Matter of Prioritization of Cases and Duties (December 1, 2009)

Supervisory Order (1318 kb)



In the Matter of the Public Hours of Clerk of Court Offices (November 17, 2009)

Supervisory Order (2646 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses (November 12, 2009)

Supervisory Order (1443 kb)



In The Matter of Court Closure and Unpaid Leave Days (November 10, 2009)

Supervisory Order (497 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses for Fiscal Year 2010 (June 25, 2009)

Supervisory Order (162 kb)



In the Matter of Court Closure Days and Reduced Public Hours (May 29, 2009)

Supervisory Order (288 kb)



In the Matter of Appointments to the Digital Audio Recording Technology Committee of the Judicial Council (May 7, 2009)

Order (380 kb)



In the Matter of Court Closure and Unpaid Leave Days: May 8 (May 5, 2009)

Supervisory Order (452 kb)



In the Matter of Mileage Reimbursement (March 31, 2009)

Supervisory Order (315 kb)



Actions Concerning Judicial Operations (March 13, 2009)

Supervisory Order (228 kb)



Action Taken to Reduce Operating Expenses (February 27, 2009)

Supervisory Order (186 kb)



Hearing on Proposed Rules (February 24, 2009)

A hearing is scheduled on Thursday, March 5, 2009, regarding minutes of evidence.

Order Setting Hearing Schedule (Feb. 24, 2009) (480 kb)


Order Setting Amended Hearing Schedule (March 2, 2009) (477 kb)


Order (Feb. 13, 2009) (749 kb)



Actions Taken to Reduce Judicial Branch Operating Expenses (February 2, 2009)

Supervisory Order (783 kb)



Proposed Amendments to the Rules of Criminal Procedure (December 2, 2008)

Information about witnesses
Deadline for comments is January 2, 2009

Chapter 2, Rule 2.4 and 2.5 (589 kb)



Proposed Amendments to Iowa Court Rules (November 12, 2008)

Licensing and Practice of Foreign Legal Consultants
Deadline for comments is December 12, 2008

Chapter 31, Rule 31.14 and 31.18 (5008 kb)



In the Matter of Iowa Rule of Civil Procedure 1.422 (September 23, 2008)

Rule 1.422

Supervisory Order (150 kb)



Proposed Amendments to the Rules of Criminal Procedure (June 23, 2008)

Information about witnesses
Deadline for comments is July 23, 2008

Chapter 2, Rule 2.4 and 2.5 (96 kb)


Order (355 kb)



Final Report of the Child Support Guidelines Review Committee

Final Report of the Child Support Guidelines Review Committee (378 kb)


Proposed Amendments to Chapter 9 (348 kb)


Rule 9.27, Forms 1 and 2 (418 kb)



Revisions to Electronic Document Management System Proposed Rules (June 10, 2008)

Public Notice (47 kb)


General commentary (71 kb)


Chapter 16--Pertaining to the use of EDMS (258 kb)



Proposed Amendments to Rules of Appellate Procedure and Rules of Civil Procedure Concerning Certiorari (June 6, 2008)

Deadline for comments is August 6, 2008

Order (81 kb)


Proposed Amendments to Rules of Appellate Procedure (851 kb)


Summary of Key Changes (238 kb)


Proposed Amendments to Rules of Civil Procedure (113 kb)



Appointments to the Supreme Court Limited Jurisdiction Task Force (January 14, 2008)

Appointment Order (205 kb)


Resolution in Support of the Pew Commission (September 10, 2007) (86 kb)



Filing by facsimile transmission (August 6, 2007)

Order granting filing by facsimile transmission of certain documents in chapters 125 and 229 commitment proceedings
Effective immediately

Order (66 kb)



Uniform Bond Schedule (August 2, 2007)

Order amending uniform bond schedule

Order and bond schedule (97 kb)



Instructions to Compensation Commissioners from the Chief Justice (January 12, 2007)

Instructions (208 kb)

 
Iowa Supreme Court Opinions October 26, 2012 PDF Print E-mail
News Releases - Crime/Courts
Written by Iowa Judicial Branch   
Monday, 29 October 2012 13:55
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. 10–1919

IN RE THE MARRIAGE OF JULIANNE R. SCHENKELBERG AND GARY W. SCHENKELBERG. Upon the Petition of JULIANNE R. SCHENKELBERG

No. 11–0469

STATE OF IOWA vs. LORRAINE ANN MESSER

 
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