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Iowa Supreme Court Opinions July 5, 2013 PDF Print E-mail
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Written by Iowa Judical Branch   
Tuesday, 09 July 2013 09:53
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.

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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. 11–0449

STATE OF IOWA ex rel. THOMAS J. MILLER, Attorney General for Iowa vs. VERTRUE, INCORPORATED f/k/a MEMBERWORKS, INC., a Delaware Corporation; ADAPTIVE MARKETING, LLC, a Delaware Limited Liability Company; IDAPTIVE MARKETING, LLC, a Delaware Limited Liability Company

No. 12–0010


No. 12–0491


Simon seeking clemency for Illinois abolitionists PDF Print E-mail
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Written by Kara Beach   
Tuesday, 09 July 2013 09:13

First petition aimed at clearing Dr. Richard Eells

CARBONDALE – July 3, 2013. In celebration of the nation’s anniversary, Lt. Governor Sheila Simon announced today that she is launching an effort to restore the reputations of those who fought for freedom and equality. Simon will file petitions seeking clemency for Illinois abolitionists convicted for their fight against slavery. The first petition filed today seeks to clear central Illinois abolitionist Dr. Richard Eells.

“The men and women who defied the law to help slaves through the Underground Railroad risked their safety and well-being because they believed that all individuals deserve freedom,” said Simon. “It is time that we honor their memories and sacrifices with pardons for their selfless and courageous actions. Abolitionists were on the right side of history, and a pardon vindicates their foresight and heroism.”

Despite Illinois residents voting to abolish slavery in 1824, both Illinois and federal law prohibited the harboring or assisting of runaway slaves in free states. As part of this effort to honor abolitionists who fought for equality, Simon’s office is working with historians and experts around the state to identify men and women around Illinois who were convicted of violating slavery laws.

Simon filed a petition of clemency today for Dr. Richard Eells, who in 1843 was convicted of harboring a runaway slave. Eells, an abolitionist and Underground Railroad conductor, did not hesitate to assist a man who is known in court records only as “Charley,” a runaway slave from Missouri. While transporting Charley to safety, they were discovered by slave catchers. In April 1843, a jury found Dr. Eells guilty of harboring and secreting a slave, and unlawfully preventing the lawful owner from recovering the slave. His case was later heard by the United States Supreme Court, which upheld the original verdict.

“The Friends of the Dr. Richard Eells House organization is very pleased with the opportunity the Lt. Governor is giving us to provide a pardon to Quincy’s Dr. Richard Eells for his efforts in 1842 to help Charley,” said John Cornell, president of the Friends of the Dr. Richard Eells House. “This pardon will also provide vindication and honor to all the courageous participants in the Underground Railroad. We just wish Charley could have found his freedom at that fateful time.”

Through his involvement in the Underground Railroad, Dr. Eells helped numerous slaves traveling through Quincy toward Chicago, and ultimately, to freedom in Canada. The National Parks Service has declared Dr. Eells home as one of the country’s 42 most important Underground Railroad sites, and the home is currently operated by the Friends of Dr. Richard Eells House.

Simon is also asking the public to contact her office to recommend additional clemency requests for individuals convicted for their abolitionist activities. Please visit for updates.


2014 Upper Midwest Regional Master Gardener Conference PDF Print E-mail
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Written by Amanda Heitz   
Tuesday, 09 July 2013 09:10

Area Master Gardeners, mark your calendar for the 2014 Upper Midwest Regional Master Gardener Conference “Growing Along the River” to be held June 25-28, 2014 at the Waterfront Convention Center, Bettendorf, Iowa.  The conference is hosted by the Iowa State University Extension and Outreach Master Gardener Program. The bi-annual conference will feature speakers, seminars, tours, vendors, a silent auction and more.  The conference is open to Master Gardeners from Iowa, Illinois, Wisconsin, Minnesota, Nebraska and Missouri.

An active Master Gardener may register one friend to attend with them. If you’ve ever been interested in becoming a Master Gardener, now is a good time to sign up and complete the classes by conference registration.  For Iowa residents, contact Iowa State University Scott County Extension & Outreach at 563-359-7577 for classes starting in September 2013. In Illinois, contact the Illinois State University Extension for next available classes at 309-756-9978. Trained volunteer Master Gardeners provide home horticulture information and education to the community.


11th PreventingAbuseConference August 9, 10, 2013---CedarRapids, Iowa PDF Print E-mail
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Written by Tony Nassif   
Tuesday, 09 July 2013 09:07
Protecting Children, Women, Families & National Security -Is there Hope? YES

Important information will be presented.  Don't miss it
CedarRapids Iowa (June 26, 2013) Today we hear reports that the body of one of the recent Iowakidnap victim was recovered.  

Many parents, children and the community feel helpless fearing for their own communities and children. 

They feel compassion for the victims and parents and yet they ask "what prevents their children or loved one to be the next victim.  There is hope. There is much we can do to help our families and children.

Subjects include
Child abduction andsafety, 
Human trafficking:  The problem and solutions
DrugCartels infiltration in Iowa and nation, 
Pornography:  Experts "expose" the truth

and more.
Messages and remarks from
Governor Terry Branstad 
Senator Charles Grassley
Noreen Gosch (mother of Johnny Gosch) 
Drew and Heather Collins (parents of Elizabeth Collins)
Former trafficker, victim and brothelowner
DrugCartel expert
Salvation Army
Breaking Traffick
Law enforcement investigators,
Escaped survivors now telling their story, 
National ChildSafetyCouncil
and many more. 

For an extensive list of speakers, subjects and to register please go to

Invitation and registration link

Who should attend? Young adults and everyone else i.e. adults, parents, teachers law enforcement service providers, civic leaders and more.

There is Hope: The information presented may help your loved one

Space is very limited!!! Register today!!!

The Wapello Family Drug Court and Judge William S. Owens receive awards from the National Rural Institute on Alcohol and Drug Abuse PDF Print E-mail
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Written by Steve Davis   
Tuesday, 09 July 2013 09:03

Des Moines, July 3, 2013 - The Wapello County Family Treatment Court and Associate Juvenile Judge William S. Owens received awards from the National Rural Drug Abuse Network, at that group's annual institute on drug and alcohol abuse.

The Wapello County Family Treatment Court was awarded the Harold E. Hughes, Exceptional Rural Program - Award of Excellence. This national award is given annually to a rural program that exemplifies outstanding contribution to the rural alcohol and drug abuse field by establishing exceptional services in the field that help to improve the lives of those who suffer the effects of alcohol and drug abuse.

Judge Owens was awarded the Harold E. Hughes, Exceptional Rural Professional - Award of Excellence. This award, also given annually at the National Rural Institute, goes to a rural professional who exemplifies outstanding contribution to the rural alcohol and drug abuse field.

"We are especially pleased to receive these awards because they are named in honor of former Iowa governor and senator, Harold E. Hughes, who dedicated his professional and personal life to providing appropriate treatment to individuals suffering from the disease of alcohol and drug addiction," Judge Owens said. "Our group is the first from Iowa to be honored with the Exceptional Rural Program Award, and I am only one of two Iowans to be individually honored as an exceptional rural professional".

Family drug courts focus on the welfare of children with parents who have substance abuse problems. The courts emphasize judge-led community collaborations that offer treatment for substance-abusing parents, while holding them accountable through intensive court supervision. As in adult drug courts, participants in family drug courts are required to take random and frequent drug tests and appear weekly before a judge. The goal is to reunite broken families.

Judge Owens is the Associate Juvenile Judge to District 8A, which includes Wapello County. He was appointed to the bench in 1999. He received his bachelor's degree from the University of Kansas in 1981 and his law degree from Drake University Law School in 1984. He has previously received two additional awards for his work with the Wapello County Treatment Court.

These two prestigious national awards were presented at the award ceremony on June 11, 2013, at the University of Wisconsin - Stout in Menomonie, Wisconsin.

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