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Iowa Gov. Terry Branstad and Oklahoma Gov. Mary Fallin visit Oklahoma City bombing memorial donated by Iowans PDF Print E-mail
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Written by Office of the Governor of the State of Iowa   
Friday, 28 March 2014 10:37

(OKLAHOMA CITY, Oklahoma) – Iowa Gov. Terry E. Branstad yesterday joined Oklahoma Gov. Mary Fallin in visiting a grove of trees the people of Iowa donated to the victims of the April 19, 1995, bombing of the Alfred P. Murrah Building in Oklahoma City. This is the first time that Branstad has returned to view the bombing memorial tree garden since he took part in a dedication ceremony in November 1995. 

“After the bombing in Oklahoma City in 1995, the governor’s office worked with Iowa citizens to pay tribute to the victims of this horrific act in Oklahoma,” said Branstad. “We remembered that two years prior to the bombing, Oklahomans graciously donated food and water to Iowans affected by the 1993 floods. I was honored to be able to pay my respects to the victims of the bombing and visit the grove that Iowans so generously donated during a difficult time for Oklahomans.”

The idea for the grove came from former Iowa State Horticulturist Dan Cooper. Horticulture students from Iowa community colleges and Iowa State University planted the trees. The Iowa State Horticulture Society partnered with Iowa citizens and businesses to raise funds to cover the costs of the planting.

A November 17, 1995, article published by The Oklahoman described the grove of trees stating, “When the linden trees are mature, their tops will form a thick green canopy. The trees have a nondescript yellow bloom but it has a marvelous spicy fragrance.”  

   

The article continued, “[T]he crab apple trees, which will be planted in a horseshoe shape in the center of the grove, have a dark pinkish-red blossom. They will be planted around a large piece of red marble, salvaged from the rubble of the Murrah Building, being placed in the center of the grove. On it will be a plaque dedicating the grove as a gift from the Iowa State Horticulture Society.”

"Oklahomans will never forget the outpouring of support from across the country that helped us cope with the senseless and cold-blooded attack on the Murrah Building," Oklahoma Gov. Mary Fallin said. "Acts of kindness provided hope during those dark days. We are grateful for the many Iowans who donated their time and resources to design and plant a bombing memorial garden at the Oklahoma state Capitol."

Branstad is visiting Oklahoma City, Oklahoma, for a National Governor’s Association conference on education and the workforce. Fallin, who was Oklahoma’s lieutenant governor when the grove was planted, invited Branstad to visit the memorial.

Photos of the visit are available on Gov. Branstad’s website. Photos are courtesy of Michael McNutt, Press Secretary in the Office of Governor Mary Fallin.

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Iowa Supreme Court Opinions March 28, 2014 PDF Print E-mail
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Written by Iowa Judicial Branch   
Friday, 28 March 2014 10:26
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. 12–0627
DIEAN SABIN vs. IVAN ACKERMAN
No. 12–2055
TINA LEE vs. STATE OF IOWA and POLK COUNTY CLERK OF COURT
No. 13–1124
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. MASON JAMES OUDERKIRK
No. 13–1965
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. RONALD L. RICKLEFS

 
Gov. Branstad denies 18 applications for commutation PDF Print E-mail
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Written by Office of the Governor of the State of Iowa   
Friday, 28 March 2014 10:16

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

LeRoy W. Basham, age 64, committed his crime on March 2, 1987, in Boone County.  He is currently serving a life sentence for first-degree murder. 

James W. Bettis, age 43, committed his crime on September 6, 1988, in Page County.  He is currently a life sentence for first-degree murder.

Tina M. Bowers, age 44, committed her crimes on about October 1, 1996, in Cedar County.  She is currently serving a term of incarceration not to exceed fifty years for four counts of second-degree Sexual Abuse; twenty-five year sentences consecutively and two twenty-five year counts concurrently for a total of fifty years with a 70% mandatory. 

Gerne E. Dryer, age 66, committed his crimes on December 8, 1993, in Dubuque County.  He is currently serving a life sentence for first-degree kidnapping and four counts of assault with a dangerous weapon.

James Eaglefeather, age 34, committed his crimes on October 6, 1998, in Pottawattamie County.  He is currently serving a term of incarceration not to exceed twenty-five years for Robbery – 1st degree, 85%.

Brandon S. Horkheimer, age 24, committed his crime on December 30, 2009, in Dubuque County.  He is currently serving a term of incarceration not to exceed ten years for Robbery – 2nd degree, 85%. 

Jennifer L. Kerby, age 32, committed her crime on September 28, 2000, in Polk County.  She is currently serving a term of incarceration not to exceed twenty-five years for Robbery – 1st degree, 85%.

Danny Ray Long, age 39, committed his crimes on or about December 11th and 18th, 1998, in Pottawattamie County.  He is currently serving a term of incarceration not to exceed fifty years for two counts of Robbery – 1st degree, 85%. 

Murl E. McMullin, age 49, committed his crime on June 4, 1986, in Linn County.  He is currently serving a life sentence for first-degree murder.

Emanuel Myers, Jr., age 41, committed his crime on June 10, 2007, in Johnson County.  He is currently serving a term of incarceration not to exceed ten years for Robbery – 2nd degree (85%).

Robert L. Pate, age 39, committed his crimes on February 1, 2000 and October 4, 2007, in Polk County.  He is currently serving a term of incarceration not to exceed seventy-five years for second-degree Controlled Substance and Prohibited Acts – Controlled Substance (cocaine).

Derome Robertson, age 36, committed his crime on November 14, 1996, in Linn County.  He is currently serving a term of incarceration not to exceed twenty-five years for first-degree robbery.

Steven G. Sempek, age 46, committed his crimes on April 1, 1998, in Pottawattamie County.  He is currently serving a 100-year sentence for six counts of Sexual Abuse in the second-degree (85%). 

Kenneth Allen Todd, age 53, committed his crime on September 18, 1982, in Polk County.  He is currently serving a life sentence for first-degree murder.

David Tomlinson, age 40, committed his crimes on May 22, 1998, in Tama County.  He is currently serving a life sentence plus fifty-five years for first-degree murder, second-degree murder (85%), and flee state to avoid prosecution.

Simon C. Tunstall, age 58, committed his crime on August 31, 1986, in Woodbury County.  He is currently serving a life sentence for first-degree murder.

Mark A. Wilder, age 38, committed his crimes on July 11, 2002, in Black Hawk County.  He is currently serving a term of incarceration not to exceed thirty years for first-degree robbery (85%) and escape of a felon.

Arthur Lee Williams, Jr., age 65, committed his crime on May 31, 1972, in Black Hawk County.  He is currently serving a life sentence for first-degree murder.

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Embracing the Middle East: The Corrie Family Story PDF Print E-mail
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Written by Laura Anderson, Sisters of St. Francis, Center for Active Nonviolence and Peacemaking   
Friday, 28 March 2014 08:34

In 2003, 23-year old human rights activist Rachel Corrie was killed by an Israeli military bulldozer in the Gaza Strip as she tried to prevent the demolition of a Palestinian family’s home.  Rachel’s parents, Cindy and Craig Corrie, motivated by their daughter's work and example, have dedicated themselves to the pursuit of justice and peace in the Middle East.  The Corries will share their family story on Friday, April 11 at 7:00pm at The Canticle – home of the Sisters of St. Francis – 841 Thirteenth Avenue North in Clinton.  This event from the Center for Active Nonviolence and Peacemaking is free of charge and open to the public.

Cindy and Craig Corrie, both raised and educated in Iowa, have made numerous visits to the Middle East region, most recently in fall 2012 leading Interfaith Peace-Builder delegations to Israel, the West Bank and Gaza.  “Rachel wrote of the importance of making commitments to places and initiated this one to Rafah and Gaza. The commitment she made continues,” said Cindy Corrie.  

The Corries have continued to seek accountability in the case of their daughter and to promote changes in U.S. foreign policy in Israel/Palestine through efforts with the U.S. Congress, U.S. Departments of State and Justice, the Israeli Government, the Israeli and U.S. court systems, and at the corporate headquarters of Caterpillar Inc. 

It is the continuing policy of the U.S. Government that the matter of Rachel Corrie's killing has not been adequately investigated and addressed by the government of Israel.  Encouraged by U.S. officials, the Corrie family in 2005 filed a civil lawsuit in Israel in their daughter's case.  On March 10, 2010, seven years after Rachel Corrie's killing, oral argument in the case began in Haifa District Court.  It proceeded with sporadic court dates until a final hearing on July 10, 2011.  In an August 28, 2012 ruling, Judge Oded Gershon absolved the Israeli military and state of all responsibility.  The Corrie family has filed an appeal with the Israeli Supreme Court.  A hearing is scheduled forMay 21, 2014. 

Rachel Corrie was a prolific and gifted writer. With their daughter Sarah, the Corries co-edited Let Me Stand Alone: the Journals of Rachel Corrie, a collection of Rachel's poetry, essays, letters and journal entries, published by W.W. Norton & Co in 2008. The Corries speak widely of their daughter's story and experience, and of their own work with the people of Palestine and Israel   They are frequent guests at post-performance discussions of the playMy Name is Rachel Corrie, co-edited by Alan Rickman and Katharine Viner, and produced in theaters across the U.S. and world. 

   

The Corries have resided in Olympia, Washington, for over thirty-five years where with community supporters, they now carry on the work of the Rachel Corrie Foundation for Peace and Justice.  In December 2010, the foundation was recognized for “outstanding service for Human Rights-Unique Achievement” by the Thurston County Diversity Council. The Corries are recipients of a Human Rights Advocate of the Year Award from Seattle University’s Human Rights Network and a Pillar of Peace Award from the Pacific Northwest Region of the American Friends Service Committee.  In October 2012, they accepted the LennonOno Grant for Peace on behalf of their daughter Rachel.  

   

For more information about the Rachel Corrie Foundation for Peace and Justice visit http://rachelcorriefoundation.org.  

The Center for Active Nonviolence and Peacemaking was created by the Sisters of St. Francis as means for integrating Franciscan spirituality with the mission of promoting active nonviolence and peacemaking, as well as advocating for social justice issues and care for the earth.  Most recently, the Center has focused on immigration reform, human trafficking, abolition of the death penalty, domestic violence and sexual assault, poverty, environmental concerns, and active nonviolence. Through special events, our weekly Action Alert Digest and website, the Center reaches out to involve the community at large.  For more information about the event at The Canticle, call 563-242-7611 or visit www.ClintonFranciscans.com.

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AARP Applauds House for Passing Two Bills to Better Combat Elder Abuse and Financial Exploitation PDF Print E-mail
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Written by Ann Black   
Friday, 28 March 2014 08:03

Des Moines, March 26, 2014 – AARP applauds today’s action by members of the Iowa House for their unanimous passage of much-needed uniform power of attorney legislation, Senate File 2168, a bill creating a Uniform Power of Attorney Act (UPOAA).  This vote follows yesterday’s House passage of legislation defining financial exploitation of a vulnerable elder, Senate File 2239.  AARP advocated for enactment of both measures to help curb the growing problem of elder financial abuse in Iowa. 

“We commend members of the Iowa House of Representatives for working through the complexities of the issue of elder abuse and coming up with two very strong bills to better protect vulnerable Iowans and their families from this growing problem,” said AARP State President Tony Vola. “AARP advocated passage of a Uniform Power of Attorney Act as the most important tool Iowa can use to combat the devastating problem of financial exploitation of elders. Together these bills give Iowans greater peace of mind with the assurance stronger protections against financial abuse and exploitation," said Vola.

Multiple national studies have found that financial exploitation is the most common and under-reported type of elder abuse, with estimates that one of every six adults over age 64 has been a victim of financial abuse.

A power of attorney is a legal document that allows someone to make decisions on behalf of someone else. A power of attorney document can be a useful tool in the event of future incapacity and can avoid the need for court appointment of a guardian or conservator. But power of attorney misuse and abuse can lead to dire consequences for the person it was meant to benefit.  

 

Many Iowans are fortunate to have a power of attorney agent who fulfills their responsibilities. This legislation addresses the unfortunate cases where an agent representing an older Iowan either fails to understand his or her responsibilities, misuses the power of attorney, or outright abuses the power of attorney, all of which hurt the individual and his or her family.

For the past two years, AARP Iowa has been active on the Iowa Elder Abuse Taskforce, working with state leaders, advocates and other organizations appointed by the Iowa General Assembly to study the issue of elder abuse in our state and recommend actions to combat it.  Passage of a strong Uniform Power of Attorney Act (UPOAA) was a consensus taskforce recommendation and a legislative priority of Iowa Bar Association. 

AARP urges the Iowa Senate to pass and the Governor to sign SF 2168 to more effectively address the growing problem of elder financial abuse in our state and help older Iowans and their families have the protections they need to take action against current and future abuse. 

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AARP is a nonprofit, nonpartisan organization, with a membership of more than 37 million, that helps people turn their goals and dreams into real possibilities, strengthens communities and fights for the issues that matter most to families such as healthcare, employment security and retirement planning. We advocate for consumers in the marketplace by selecting products and services of high quality and value to carry the AARP name as well as help our members obtain discounts on a wide range of products, travel, and services.  A trusted source for lifestyle tips, news and educational information, AARP produces AARP The Magazine, the world's largest circulation magazine; AARP Bulletin; www.aarp.org; AARP TV & Radio; AARP Books; and AARP VIVA, a bilingual news source.  AARP does not endorse candidates for public office or make contributions to political campaigns or candidates.  The AARP Foundation is an affiliated charity that provides security, protection, and empowerment to older persons in need with support from thousands of volunteers, donors, and sponsors. AARP has staffed offices in all 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands. Morewww.aarp.org

 
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