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. 13-0543

ERIC WAYNE DEMPSEY vs. STATE OF IOWA

No. 13-1226

STATE OF IOWA vs. LAVELLE LONELLE McKINLEY

No. 13-1241

IN RE THE DETENTION OF STEPHEN C. CURTISS, STEPHEN C. CURTISS

No. 13-2022

IN RE THE DETENTION OF CALVIN MATLOCK, CALVIN MATLOCK

CHICAGO - Governor Bruce Rauner today announced the appointment of members to the Illinois Holocaust and Genocide Commission. The commission provides guidance on Holocaust and genocide education and commemoration across the state. The governor will continue to make appointments to this commission in the coming days.

Michael Bauer (Co-Chair)

Michael Bauer is an experienced lawyer and political activist who has spent his life advocating for the Jewish, gay and women's communities. He served as the co-chair of fundraisers for the New Israel Fund and the American Jewish Committee. He also served as chair of the first gay and lesbian mission to Israel, as well as the first and only gay and lesbian mission to the United States Holocaust Museum.

As the son of two Holocaust survivors, Bauer has a deep understanding of the need for genocide education and commemoration. Bauer has been honored by the American Civil Liberties Union with its John R. Hammell Award, by CitiPAC with its Scoop Jackson Pro-Israel Advocacy Award in 2003, and by the Anti-Defamation League with its Abraham Lincoln Marovitz Civil Rights Award.

Keith Shapiro (Co-Chair)

Keith J. Shapiro currently serves on the Jewish United Fund board and as Chairman of the Lawyer's Division. He is a Vice Chairman of the Anti-Defamation League (ADL) of Greater Chicago and a member of its Development Committee, Executive Committee and Regional Board, in addition to serving as an ADL National Commissioner. Shapiro is also a member of the Board of Trustees of the Jewish Theological Seminary (JTS).

Shapiro serves on advisory boards for DePaul University College of Law's Center for Jewish Law & Judaic Studies, List College of the Jewish Theological Seminary and the St. John's University School of Law Bankruptcy L.L.M. Program. He previously served on the Board of Directors of Chicagoland Jewish High School and was the Founding Chair of the Law and Justice Committee of the United States Holocaust Memorial Museum. He is a past recipient of the Simon H. Rifkind Award from the JTS and has served as a co-chair of the JTS' annual dinners in Chicago.

Goldie Langer

Goldie Langer was born to two Holocaust survivors in Feldafing DP Camp in Germany. Her mother was the only survivor of her family, and her father's first wife and four of his six children were killed in concentration camps. Langer was a teacher for a number of years before joining the AJC, a global Jewish advocacy organization. Its mission is to advance human rights and democratic values for all people. Langer worked at AJC for nearly 20 years as the Assistant Director of Development and Donor Relations.

Kelley Szany

Kelley Szany currently serves as the Director of Education at the Illinois Holocaust Museum and Education Center. She is a leading Holocaust and contemporary genocide educator, speaking to audiences on the Holocaust; the genocides of Armenia, Cambodia, Bosnia, Rwanda and Darfur; and the atrocities in the Democratic Republic of the Congo, Central America and South America. She also speaks and educates on the power of social change and youth activism. Szany was recently awarded with the 2014 Carl Wilkens Fellowship, a year-long program where she will work alongside national leaders to create and strengthen a permanent anti-genocide constituency through both advocacy work and influence of U.S. policy.  She serves on the Board of Directors for the Unsilence Project and Educators Institute for Human Rights.

Fritzie Fritzshall

Fritzie Fritzshall currently serves on the Illinois Holocaust and Genocide Commission and is the Illinois Holocaust Museum and Education Center President.  She is also a Holocaust survivor, and her husband served the United States on the Pacific front in WWII. Fritzshall has dedicated her life to teaching lessons of the Holocaust.

Alison Pure-Slovin

Alison Pure-Slovin currently serves on the Illinois Holocaust and Genocide Commission and is the Midwest Director of the Simon Wiesenthal Center. She was also the first woman to become President of the Standard Club. Pure-Slovin is formally the Midwest Regional Director for Shaare Zedek Medical Center in Jerusalem. She also worked for the Simon Wisenthal Center, which is a global Jewish human rights organization. Pure-Slovin began her career as a non-news producer at WMAQ in Chicago and later formed her own video production company.

Susan Abrams

Susan Abrams is currently a member of the Illinois Holocaust and Genocide Commission and serves as the Chief Executive Officer of the Illinois Holocaust Museum and Education Center. Prior to joining the Museum, Abrams served as the COO for JCC Chicago. She has also served as Director of Program Review at Northwestern University and as Vice President of the Chicago Children's Museum.

Daniel Cohen

Danny Cohen currently serves on the Illinois Holocaust and Genocide Commission and is an assistant professor at Northwestern University where he specializes in the design of Holocaust and human rights education. He teaches undergraduate courses on education and program design, including "The Holocaust and Education," "Holocaust Memory, Memorials, and Museums," and "Program Design and Implementation."  Cohen's research focuses on best practices for teaching about the Holocaust and genocide. He is also a fiction writer whose debut novel Train is set in 1943 Berlin. The book is accompanied by new educational programming that supports educators to integrate Roma, disabled, homosexual, and other victim narratives within and alongside the Jewish Holocaust narrative. Cohen is also the founder of Unsilence Project, a Chicago-based non-profit that creates and delivers compelling learning experiences that address hidden, marginalized, and taboo narratives of the Holocaust, atrocity, and human rights.

Richard Hirschhaut

Rick Hirschhaut is currently a member of the Illinois Holocaust and Genocide Commission and has been a human rights advocate for more than three decades.  He currently serves as Executive Director of Strategic Initiatives for the American Jewish Joint Distribution Committee, a leading global humanitarian organization. Hirschhaut was the founding Executive Director of the Illinois Holocaust Museum and Education Center. He has also served as a consultant to Aegis Trust, which is dedicated to the prevention of crimes against humanity. As Director of International Outreach for Kwibuka20, he focused on building support for the 20th Commemoration of the Genocide against the Tutsi in Rwanda. Spending more than two decades with the Anti-Defamation League, including ten years as its Midwest Director, Rick built bridges between Jewish and African-American communities and worked closely with law enforcement on issues of anti-Semitism and extremism.

Sanja Drnovsek

Sanja Seferovic Drnovsek currently serves on the Illinois Holocaust and Genocide Commission and is the Director of the Bosnian-American Genocide Institute and Education Center (BAGI). That organization is the American branch of the Institute for Research of Crimes Against Humanity and International Law at the University of Sarajevo. Drnovsek is dedicated to raising awareness about the Holocaust and other genocides because of its underrepresentation or misrepresentation in media, education and among the public. She is an educator at Aspira Haugan Middle School in Chicago and at Triton College.

Sean Tenner

Sean Tenner is currently a member of the Illinois Holocaust and Genocide Commission and is the President of KNI Communications. He has worked closely with Sudanese refugees in the Chicagoland area since 2007. He helped establish the first office of the Sudanese Community Association of Illinois and pass groundbreaking divestment legislation to fight the genocide in Darfur.  He is the Executive Director of the Hotel Rwanda Rusesabagina Foundation, created by Paul Rusesabagina - the hero of the Rwandan genocide who was portrayed in the acclaimed film "Hotel Rwanda."  Along with escaped former slaves from the West African nation of Mauritania, he helped create the Abolition Institute, dedicated to helping hundreds of thousands still trapped in descent based slavery.

Maria Korkatsch-Groszko

Maria Korkatsch-Groszko currently serves as a member of the Illinois Holocaust and Genocide Commission and is Professor Emerita of Northeastern Illinois University (1975-2013). She also serves on the Ukrainian Genocide Famine Foundation - USA, Inc., is a member of multiple Executive Boards in the Ukrainian community of Chicago and suburbs, and serves on the National Education Council of Ukrainian Schools in U.S.A.

###

Brilliant Companions

Monday, April 6 @ 6:30

The Brilliant Companions, a Doctor Who fan club, will meet at the Moline Public Library on Monday, April 6 at 6:30 to discuss season 11 of Classic Doctor Who featuring Jon Pertwee. This program is free and open to all ages. No registration is required. For more information call 309-524-2440 or visit us at 3210 41st Street, Moline, IL 61265 or online at  http://www.molinelibrary.com.

Teen Advisory Group

Thursday, April 9 @ 3:30

The Teen Advisory Group of the Moline Public Library will meet on Thursday, April 9 at 3:30. Quad City area teens in grades 6 through 12 are invited to help plan programs and events for teens, give feedback about the library, and meet new friends. No registration is required. For more information call 309-524-2440 or visit us at 3210 41st Street, Moline, IL 61265 or online athttp://www.molinelibrary.com.

Anime Club

Tuesday, April 21 @ 3:30

Fans of anime, manga, and all things Japanese are invited to join the Moline Public Library's Anime Club on Tuesday, April 21 at 3:30. Bring your anime and manga to share with the group or exchange for something new. This program is free and open to ages 12 to 21. No registration is required. For more information call 309-524-2440 or visit us at 3210 41st Street, Moline, IL 61265 or online at http://www.molinelibrary.com.

Project Next Generation: Dream, Design, Deliver - Video Game Workshop

Teens and Tweens in grades 5 and up can take part in a video game workshop hosted by the Moline Public Library. This workshop is part of "Project Next Generation: Dream, Design, Deliver," and will teach students how to design their own video games. Sessions will take place on Saturdays from 2:30 to 4:00 p.m. starting May 9 and concluding June 13. Attendance at all sessions is recommended but not required. This program is free and no experience is necessary, but space is limited and registration is required. Bus passes will be available to registered participants.

For more information, or to register for the program, contact Jan LaRoche at jlaroche@molinelibrary.org or by calling 309-524-2470.

MOLINE, Ill. (March 12, 2015) - The Quad City Mallards have signed defenseman Austin Coldwell, the Mallards announced today.  

Coldwell, 25, turns professional with the Mallards after completing his senior season at the University of Alaska-Anchorage last weekend.  The 6' 0", 189-pound Vancouver, Washington, native scored four goals and totaled 12 points in 34 games with the Seawolves this year. 

Coldwell produced 14 goals and recorded 50 points in 132 career games at UAA and was twice named to the Western Collegiate Hockey Association All-Academic team.  Last year he helped UAA to the program's first winning season since the Seawolves entered the Western Collegiate Hockey Association in 1993.


Coldwell spent four years in the junior ranks before heading to Anchorage.  He skated with the Bismarck Bobcats and Springfield Jr. Blues of the North American Hockey League before joining United States Hockey League's Des Moines Buccaneers for a two year stint.

Checkoff-supported organizations provide resources farmers can use to educate on today's ag

ST. LOUIS (March 12, 2015) - With multiple farming-related topics top of mind for consumers right now, it's more important than ever for farmers to engage those food purchasers with the true story of today's agriculture. And there's no better time to do it than on National Ag Day, March 18. 

Farmers' freedom to operate depends in large part on consumers feeling good about the practices and technology being used to raise their food. The soy checkoff partners with multiple organizations and supports the development of resources that farmers can use to connect with consumers in meaningful ways. 

"It's natural for consumers to have questions about where their food comes from and how farmers are producing it," says Nancy Kavazanjian, a soybean farmer from Wisconsin who serves as the United Soybean Board's Communications Target Area Coordinator as well as chairwoman of the U.S. Farmer and Ranchers Alliance (USFRA). "That provides farmers with an opportunity to share our stories in honest and simple ways and show that we share their values."

This Ag Day, farmers have their choice of plenty of resources to help them do that. The checkoff works with the Center for Food Integrity (CFI), CommonGround and USFRA, all of which support farmers as they answer consumers' questions, just in different ways:

• Consumer Research - CFI (www.foodintegrity.org/research/2014-research@FoodIntegrity) conducts leading-edge consumer research, which results in models of best practices that position farmers for success in connecting with consumers. CFI's most recent research provides guidance on how to introduce technical and scientific data about food and farming into conversations so that consumers will consider the information in their decision-making process. 

• Resources for Moms - The women farmers of CommonGround (www.FindOurCommonGround.com,@CommonGroundNow) start conversations with moms looking for more information about what they feed their families. CommonGround develops resources, such as videos and infographics, that farmers can share to inform on topics like animal welfare, GMOs and issues related to local and organic production.

• Ag for Movie Night - The goal of USFRA (www.fooddialogues.com@USFRA) is to bring the farmer and rancher voice to food and farming conversations with customers. USFRA produces the Food Dialogues, bringing together farmers, consumers, industry representatives and media to discuss the most pressing food topics. Additionally, USFRA supported production of the film, "FARMLAND," which is now available at Walmart, Netflix and many other outlets.

The 70 farmer-directors of USB oversee the investments of the soy checkoff to maximize profit opportunities for all U.S. soybean farmers. These volunteers invest and leverage checkoff funds to increase the value of U.S. soy meal and oil, to ensure U.S. soybean farmers and their customers have the freedom and infrastructure to operate, and to meet the needs of U.S. soy's customers. As stipulated in the federal Soybean Promotion, Research and Consumer Information Act, the USDA Agricultural Marketing Service has oversight responsibilities for USB and the soy checkoff.

For more information on the United Soybean Board, visit www.unitedsoybean.org
Visit us on Facebook: www.facebook.com/UnitedSoybeanBoard
Follow us on Twitter: www.twitter.com/unitedsoy
View our YouTube channel: www.youtube.com/user/UnitedSoybeanBoard

###

Veteran Entrepreneur Says The Best Teacher Is Experience

Exorbitant student loans constitute just one reason why young people eager to experience the world may want to reconsider college, says Ed Basler, a veteran entrepreneur.

There is now $1.2 trillion worth of college debt in the United States and the average borrower will graduate $26,600 in the red, according to The Institute for College Access and Success (TICAS) Project on Student Debt.

"None of this guarantees a job or even that a college grad will be job-ready," says Basler, CEO of E.J. Basler Co., (www.ejbasler.com).

"After four weeks of business school I, the son of a businessman, had realized that the professor had no real-life experience running a business and that I wouldn't learn the practical principles necessary to succeed. But I stuck with business school for two years until I dropped out, and I haven't had any regrets 40 years later. Hands-on experience trumps a degree all the time."

Factor in the fact that necessary business skills evolve faster than the time it takes to earn a degree and the overall lack of preparation for the real world provided by college and the choice to save time and money is a no-brainer, says Basler.

Business owners and hiring managers should see past the college degrees of potential employees, or lack thereof, and focus on the content of an applicant's skills and character, says Basler, who offers, in his own words, the following tips for hiring.

•  Do not accept any bad attitudes. A bad attitude spreads like the flu, and if you don't stop it, it'll make your whole team sick. Good attitudes will spread too, so look to hire people with a positive nature. Is the prospective hire full of complaints about previous employers? Don't be surprised if you become the next target of such whining. No one is indispensable. I have interviewed people who were clearly bright and skilled. Yet, afterward, I felt like telling them not to let the door hit them on the way out. I've never regretted my decision to insist on good attitudes.

•  Hire friends very cautiously. They can become your best employees. Often, however, they are your worst, and they're hard to fire. Hire family members even more cautiously. Let them know the ground rules and expectations up front. And treat them like the rest of your employees. I hear horror stories all the time from business people who are suffering because of family involvement. But it can also work very well - it has worked out well for me.

•  Hire not only for skills but also for potential. Leaders can be made if trained and motivated properly. I've seen many a young person with no previous experience or knowledge of my business learn a trade or skill and prosper and excel. Many times, it's even an advantage to start from the beginning with someone who does not have the baggage of bad habits or practices from a previous employer.

•  Put people in the right positions. Test them for their personality and skill sets. There are many tests - one good one is the Meyers Briggs and the DISC profile. It's hard, sometimes, to understand where people fit, which is why we try to use testing to learn about their particular skills.

"A college degree is a generic qualification and is by no means the ultimate criteria by which you should hire talent," Basler says.

About Ed Basler

Ed Basler is a longtime entrepreneur and CEO of E.J. Basler Co., (www.ejbasler.com), which provides precision-machined parts and solutions to companies worldwide. He is a sought-after motivational speaker and president of Fresh Eyes Coaching, a firm that helps small businesses identify profit opportunities and obstacles. Ed and his wife, Cathi, also founded and ran a nationally recognized not-for-profit youth organization for 15 years. He is the author of "The Meat & Potatoes Guide to Business Survival: A Handbook for Non-MBA's & College Dropouts."

(DES MOINES) - Gov. Terry E. Branstad and Lt. Gov. Kim Reynolds today announced the launch of the administration's use of Meerkat, a mobile application that allows individuals to live-stream events through their Twitter account.

"Since taking office in 2011, Lieutenant Governor Reynolds and I have been committed to increasing transparency in state government," said Branstad. "By reinstating the governor's weekly news conference, establishing the Iowa Public Information Board, visiting all 99 counties each year, launching the 'Skype Your School' and 'Ask the Gov' initiatives, posting all open records requests each month and calling for a change in state law to open up state employee personnel records, we've made government more open. By using Meerkat, we're continuing to adapt and allowing Iowans to join us on the road and in our press conferences."

The Meerkat app is free to download and does not use any taxpayer funds.

"By using the Meerkat app, Iowans will be able to join us as we tour communities following natural disasters, as we visit a small business, listen-in to our weekly press conferences or even as we hit the trail for our annual 99-county tour," said Reynolds. "We encourage Iowans to follow our Twitter accounts - @TerryBranstad and @KimReynoldsIA - and join us live through the Meerkat app."

The application uses mobile devices, such as an iPhone or iPad, to broadcast events live to the account holder's Twitter feed. Users are then able to engage in real-time via Twitter. The administration will begin using the application regularly for their weekly press conference, but will continue to broadcast the press conference live via Branstad's YouTube pagewhere the video is then archived.

###

FOR IMMEDIATE RELEASE

TOPIC: Scott County Extension Mater Gardeners Offer Trip to Chicago Botanical Gardens

CONTACT: Scott County Extension Office, 563-359-7577

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Scott County Extension Master Gardeners Offer Trip to Chicago Botanical Gardens

Join the Scott County Master Gardeners on a fun and educational bus trip to the Chicago Botanical Antiques, Garden, & Design Show on April 17th!  The price of $50 includes cost of the bus, your ticket in to the event, and coffee & muffins on the trip to Chicago.   Send your registrations to Scott County Extension Office, 875 Tanglefoot Lane, Bettendorf, Iowa by March 20, 2015.

March 24, 2015 Certified Handlers, Scott County Extension Office, 9:00 am-11:30 am

April 3, 2015 Pesticide Applicator Testing, Scott County Extension Office, 10:00 am-2:00 pm

April 28, 2015 Scott County Extension Council Meeting, Scott County Extension Office, 7:00 pm

Visit our events calendar at our web site: http://dbs.extension.iastate.edu/calendar/

WHO: Spring puts a hop in everyone's step - especially true for the Easter Bunny!  Join us at NorthPark and SouthPark Malls as the world's most famous rabbit makes his official appearance.


WHAT: Families are invited to visit with the Easter Bunny and capture this memory by purchasing a special photo of their children with the floppy-eared favorite.  Children also will receive a complimentary activity book, courtesy of National Geographic Kids Club when they visit, while supplies last. The Easter Bunny will be at both centers through April 4.

Of course, NorthPark & SouthPark Malls have all the "eggs"stras your family needs this spring.  From fresh and fun spring attire for the entire family to everything you need for warm-weather entertaining, both centers offer a strong roster of stores to help you make the most of spring.

 

WHEN: March 11 - April 4

Monday - Thursday 12pm-8pm

Sunday 12pm-6pm

WHERE: Von Maur Court JCPenney Court

NorthPark Mall SouthPark Mall

320 W Kimberly Rd 4500 16th Street

Davenport, IA 52806 Moline, IL 61265

(563) 391-6773 (309) 797-8450


FUN

FACTS:

  • Easter brings candy - this is the second top-selling confectionary holiday, with an estimated $2 billion spent annually

  • More that 1 billion eggs are hunted in the United States each year.

  • More than 700 million Marshmallow Peeps are bought during the Easter holiday. This makes Peeps the most popular non-chocolate Easter candy.

A Change In Thinking Can Lead To A Change In 
Behavior And Results, Says Sought-After Speaker

Hard times that sap your energy and leave you frustrated are an inevitable part of life.

Maybe you lost a job. Maybe your finances took a turn for the worse. Maybe your personal life is in disarray or a health problem emerged forcing a lifestyle change.

Such setbacks can leave people feeling afraid, uncertain, angry or unsatisfied, says Darlene Hunter, a renowned speaker and author of "Win-Ability, Navigating through Life's Challenges with a Winning Attitude," (www.darlenehunter.com).

Overcoming those emotions, she says, comes down to a person's mindset and perspective.

"Your attitude is a critical factor that can either hold you back or help you move forward," Hunter says. "Everyone needs to take the time to do a pulse check on where they are in their thinking. Is it positive or negative?"

A positive attitude comes easily when life is rosy. The real trick is persevering when things go awry so you can continue to strive toward your goals.

"The important thing to remember is that we cannot give up just because things do not work out the way we want," Hunter says. "We must be persistent and press our way through to the end."
Hunter offers five tips that can help change your thinking, which in turn will change your behavior and, ultimately, change your results.

•  Be a planner. To live your dream, you need to know what you want and have a plan for getting there. "Planning your day, week and month are critical ingredients to living your dream and purpose," Hunter says. The "how" and "why" elements are important factors in planning, as they guide you in the direction you want to go.

•  Be goal oriented. Once you set goals, the next step is to work on completing them. That's why it's important to set goals you can accomplish. Each time you can check a goal off your list, you are one step closer to what you ultimately want to achieve. "The sense of accomplishment that comes from reaching even the smallest goals will help you keep moving and striving to get your desired end," Hunter says.

•  Be driven for results. When you are driven, Hunter says, you have a compulsive and urgent desire to accomplish what you are seeking, whether it's a bonus, a promotion, additional knowledge in a particular area or some other goal. The important factor is to always know what you are seeking. Results-driven people focus on meeting objectives and delivering on the goals they set.

•  Have a winning attitude. You must be determined, dedicated and devoted to succeed. "You should never give up on your goals and dreams simply because something goes wrong or you are not getting where you hoped to be fast enough," Hunter says.

•  Be focused. When you are focused, you have a clear perception and understanding of what you want to accomplish and where you need to go to get there. "Think about long-distance runners who will run a 26-mile marathon," Hunter says. "They find their pace and then they stay with it. They may get weary and tired, but they find their zone and stay focused and concentrate on what is needed to get to the end."

"Plenty of stories can be told about people who failed in the beginning, but made it to the top of their profession because they did not give up after being told they weren't good enough," Hunter says.
"The ability to keep trying and pushing no matter how many failures or obstacles you hit is the power of perseverance and is what 'Win-Ability' is all about."

About Darlene Hunter

Darlene Hunter, (www.darlenehunter.com), is president of Darlene Hunter & Associates, LLC, a motivational / inspirational speaker, author, life and business coach, and award-winning radio talk show host. Her new book, "Win-Ability, Navigating through Life's Challenges with a Winning Attitude," is her fourth on the theme of perseverance. She is the host of "The Darlene Hunter Show", winner of the Fishbowl Radio Network 2013 Distance Show Of The Year Award. Hunter has been a top performer in management for more than 30 years.

Pages