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.
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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. 09-0222
JOHN P. PAVONE and SIGNATURE MANAGEMENT GROUP, L.L.C. vs. GERALD M. KIRKE and WILD ROSE ENTERTAINMENT, L.L.C.
No. 10-0354
JOSE ANGEL AGUILERA vs. STATE OF IOWA
No. 11-0114
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID M. NELSEN
No. 11-1280
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. STEVEN F. OLSON

Des Moines, December 9, 2011– The Iowa Supreme Court Lawyer Trust Account Commission is accepting applications for grants under the Interest on Lawyer Trust Account (IOLTA) program for the grant period that begins July 1, 2012. IOLTA program grants are awarded to public purpose projects that provide legal services to the poor in civil cases, law-related education, and other programs that improve the administration of justice in Iowa.

Organizations may obtain grant application forms by contacting the Lawyer Trust Account Commission, Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa 50319, or by calling (515) 725-8029. The Commission encourages applicants to submit grant requests in electronic form. Organizations may request an electronic version of the complete application set from the Commission by electronic mail to iolta@iowacourts.gov or download the application forms from the Commission's web page on the Judicial Branch web site at:

http://www.iowacourts.gov/Professional_Regulation/Attorney_RegulationCommissions/IOLTA

The Commission must receive completed grant applications no later than 4:30 p.m., Friday, March 2, 2012. The Commission will then review the applications and seek approval from the Iowa Supreme Court for awarding the grants. Grant recipients will be announced in late May or early June of 2012.

The Iowa Supreme Court created the Lawyer Trust Account Commission to provide legal services to the poor in civil cases using the interest from lawyers' pooled trust accounts. The lawyers' pooled trust accounts hold clients' funds that are so small in amount or held for such a brief period that it is not possible for the funds to economically benefit the individual clients. Previously, attorneys' trust accounts earned no interest. The first grants awarded under the IOLTA program were made in June, 1986. To date, the Commission has awarded more than $22,883,000 in grants.

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Chief Justice Cady to Speak to U.S. Senate Subcommittee about Cameras in the Courts

Des Moines, December 5, 2011– On December 6, Iowa Supreme Court Chief Justice Mark Cady will speak to a subcommittee of the U.S. Senate Judiciary Committee about Iowa's experience with video coverage of court proceedings.

The Iowa Judicial Branch is a leader in allowing video and audio media coverage of courts. For more than 30 years, Iowa's courts have allowed audio, photographic, and video coverage of the courts. Prior to this change, and in keeping with the custom in courts around the nation, media coverage of court proceedings was limited to pen, pencil, paper, and sketch pad. In 1979, following a thorough study, the Iowa Supreme Court adopted rules carefully designed to allow audio, video, and photographic coverage of court hearings while safeguarding the rights of litigants to a fair trial.  More recently, the Iowa Supreme Court began streaming video of its oral argument proceedings.

The Senate Judiciary hearing will be held in Room 226 of the Dirksen Senate Office Building and is scheduled to begin at 10:00 a.m. This hearing is before the Subcommittee on Administrative Oversight. It is entitled "Access to the Court: Televising the Supreme Court." Minnesota Senator Amy Klobuchar, chair of the subcommittee, will preside. Iowa Senator Charles Grassley is a member of the subcommittee.

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The Iowa Supreme Court recently issued orders granting or denying applications for further review in 42 cases.

FURTHER REVIEW RESULTS

November 29, 2011

 

DENIED:

 

NUMBER

COUNTY

CASE NAME

 

 

09-1230

Worth

State v. Benjegerdes

10-0047

Dallas

Belling v. City of Urbandale

10-0824

Polk

Negrete-Ramirez v. State

10-0892

Harrison

Rudyard Group, LLC v. Dingle

10-0956

Johnson

State v. Latsa

10-1084

Marshall

McKeag v. State

10-1116

Black Hawk

State v. Horak

10-1158

Black Hawk

State v. Demery

10-1231

Story

State v. Balderas

10-1302

Polk

Perry v. State

10-1375

Buchanan

Bd. of Dirs. v. Wall

10-1447

Harrison

Rudyard Group, LLC v. Dingle

10-1496

Polk

Harms v. State

10-1593

Scott

State v. Slater

10-1643

Monroe

State v. See

10-1676

Lyon

Peoples Bank v. Driesen

10-1748

Black Hawk

State v. Bennett

10-1840

Black Hawk

State v. Burt

10-1880

Polk

Trustees of the Iowa Laborers Dist. Council Health & Welfare Trust v. Merchants Bonding Co.

10-1904

Muscatine

Reyes v. State

10-2109

Clinton

Borgstede v. State

10-2113

Polk

W. Provisions, Inc. v. Betz

11-0020

Franklin

In re Marriage of Meyer

11-0130

Scott

State v. Coker

11-0171

Polk

Quaker Oats Co. v. Dobbe

11-0255

Polk

Bensley v. Dee Zee Mfg.

11-0519

Polk

State v. Guadarrama

11-0804

Johnson

In re L.M.W.

11-0897

Madison

In re C.E., C.S., J.R., J.R., and C.R.

11-0951

Dubuque

In re H.E., M.E., and J.E.

11-0954

Dubuque

In re D.S.

11-1138

Woodbury

In re D.S. and J.W.S.

11-1195

Polk

In re T.C. and N.C.

11-1201

Polk

In re L.B.-F.

11-1254

Polk

In re N.N., Q.N., A.P., and J.P.

11-1257

Wright

In re. M.S.R.

11-1302

Polk

In re S.M.

11-1323

Polk

In re V.W.

11-1360

Woodbury

In re C.C., N.R., L.R., K.P., and Y.P.

 

 

 

GRANTED:

 

 

NUMBER

COUNTY

CASE NAME

 

 

10-0293

Henry

Kolzow v. State

10-1315

Marshall

Perez v. State

10-1384

Polk

Pierce v. State

 

 

 

 

 

2012 COURT OF APPEALS CALENDAR

The Iowa Court of Appeals will be in session the following dates in 2012:

January 9–11

February 7–9

March 6–8

April 3–5

May 1–3

June 5–7

September 11–13

October 9–11

November 6–8

December 4–6

Opinions of the Iowa Court of Appeals will be filed at 8:30 a.m. on the dates listed below.

 

January 19

 

February 1

February 15

February 29

March 14

March 28

April 11

April 25

May 9

May 23

June 13

June 27

July 11

July 25

August 8

August 22

September 6

September 19

October 17

October 31

November 14

November 29

December 12

A list of cases on which the Court of Appeals is expected to rule will be posted at 8:30 a.m. one day preceding each opinion filing day.

 

All opinions and opinion summaries are available on-line at

http://www.iowacourts.gov/Court_of_Appeals/Opinions/

Opinions and a summary of opinions filed will also be available in the Supreme Court Clerk's office for public inspection. Copies may be purchased from the clerk at 50 cents per page.

For information about the status of a pending case, call the office of the Clerk of the Supreme Court at 515-281-5911 or check appellate cases at

http://www.iowacourts.gov/Online_Court_Services/

 

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