Iowa Supreme Court Opinions

March 21, 2014

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. 11-1133

STATE OF IOWA vs. AKI MALIK ROSS

No. 11-1272

STATE OF IOWA vs. TOMMY GINES, JR.

No. 11-1616

STATE OF IOWA vs. RANDY MITCHELL COPENHAVER

No. 13-1213

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. JEFFREY K. MCGINNESS

This winter saw many severe snow storms across the country, making flooding more likely as spring thawing occurs. Floods pose a threat in all fifty states, yet one-third of pet owners don't have an emergency plan. In light of Flood Safety Awareness Week, the ASPCA is urging pet owners to prepare for floods in advance, increasing the chance of survival for both them and their pets.

Dr. Dick Green, senior director of ASPCA Disaster Response, has led many disaster response operations, rescuing thousands of animals during various floods across the country. Dr. Green led field rescue operations to search for stranded pets and reunite them with their owners following major disasters including Hurricanes Katrina, Sandy, Isaac, Irene, Gustav and Ike.

Dr. Green offers the following tips and more on flood preparedness:

  • Obtain a rescue alert sticker, which will let rescuers know that pets are inside your home.
  • Make sure all pets wear collars and ID tags with up-to-date identification. The ASPCA also recommends micro-chipping your pet as a more permanent form of I.D.
  • Keep a pet emergency kit and supplies handy with items such as medical records, water, pet food and medications, and pet first aid supplies.
  • In the event of evacuation, do not leave your pets behind.
  • Know what risks your area faces. Find out if your house is in a floodplain and the fastest way that you and your pets can get to higher ground.

The Rock Island Public Library (401 19th Street) will host the first film screening and discussion of the Created Equal: America's Civil Rights Struggle series on Saturday, March 29th at 2:00 p.m.  Reverend Dwight Ford of the Martin Luther King, Jr. Community Center will lead the discussion on the 2011 documentary The Loving Story.  This event is free and no registration is required.

Mildred and Richard Loving knew it was technically illegal for them to live as a married couple in Virginia because she was of African American and Native American descent and he was white. But they never expected to be woken up in their bedroom and arrested one night in 1958. The film narrates the lives of Mildred and Richard Loving and their fight for the recognition of their marriage, all the way to

the Supreme Court. The film's immediacy derives from the inclusion of footage dating from the 1960s depicting the daily life of the couple and their three children while they were in hiding in a house in Virginia. The Loving Story brings to life the Lovings' marriage and the legal battle that followed through little-known filmed interviews and photographs shot for Life magazine.

Reverend Dwight Ford has served as Director of the Martin Luther King, Jr. Community Center since 2012.  He has a Master of Divinity degree from Harvard Divinity School and a Bachelor of Arts majoring in business management from Western Illinois University.  He also served in the United States Marine Corps from 1989 to 1994, serving in Operation Desert Shield and Operation Desert Storm, and received several medals during his service.  He grew up in Rock Island and has been a featured speaker at the annual Martin Luther King, Jr. Memorial Service and Awards Celebration.

 

Created Equal is presented as part of the six-week series Created Equal and Changing America, which explores our nation's civil rights history through film, exhibition, and presentations.  More information can be found online at molinelibrary.com/createdequal, by visiting the library at 3210 41st Street, or by calling 309-524-2470.

Created Equal: America's Civil Rights Struggle is made possible through a major grant from the National Endowment for the Humanities, as part of its Bridging Cultures initiative, in partnership with the Gilder Lehrman Institute of American History.

Changing America is presented by the Smithsonian's National Museum of African American History and Culture and the National Museum of American History in collaboration with the American Library Association Public Programs Office. The traveling exhibition is made possible by the National Endowment for the Humanities: Exploring the human endeavor.

Local support for Created Equal and Changing America has been provided by Friends of the Moline Public Library, WQPT, and The Moline Dispatch/Rock Island Argus/QCOnline.

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Clinton to Join Seven to Receive the Order of Lincoln on May 3 in Chicago

CHICAGO - Governor Pat Quinn today announced that Former Secretary of State Hillary Rodham Clinton will join seven distinguished Illinoisans to receive The Order of Lincoln, the State's highest honor for professional achievement and public service.

"Through her decades of service, Hillary Clinton has helped shape and improve the world more than almost any person in our nation's history," Governor Quinn said. "From working on women's and children's issues, to her time as First Lady, U.S. Senator, and Secretary of State, she personifies the best that Illinois and the United States of America can offer. We are grateful to be able to present her with the state's highest award and thank her for the service she continues to provide to this day to the people across the world."

Hillary Rodham Clinton, an Illinois native, was raised in Park Ridge, Illinois. She served as First Lady of Arkansas for more than a dozen years championing causes for women, children and families. She served as First Lady of the United States from 1993 to 2001, and advocated for health care reform and led successful bipartisan efforts to improve the adoption and foster care systems, reduce teen pregnancy, and provide health care to millions of children. She also traveled to more than 80 countries as a representative of our country, winning respect as a champion of human rights, democracy, civil society, and opportunities for women and girls around the world.

In 2000, Clinton made history as the first First Lady elected to the United States Senate. She worked across party lines to expand economic opportunity and access to quality, affordable health care, including for wounded service members, veterans and members of the National Guard and Reserves. After September 11, 2001, she secured resources to rebuild New York and provide health coverage for the needs of first responders who became sick during rescue and recovery efforts at Ground Zero.

In 2007 and 2008, Clinton made her historic campaign for President, winning 18 million votes, and more primaries and delegates than any woman had before.

In her four years as Secretary of State, Clinton played a central role in restoring America's standing in the world and strengthening its global leadership.  Her "smart power" approach to foreign policy elevated American diplomacy and development and repositioned them for the 21st century -- with new tools, technologies, and partners, including the private sector and civil society around the world.  As America's chief diplomat and the President's principal foreign policy adviser, Clinton spearheaded progress on many of our greatest national security challenges, from reasserting the United States as a Pacific power to imposing crippling sanctions on Iran and North Korea to responding to the challenges and opportunities of the Arab Awakening to negotiating a ceasefire in the Middle East.  She pushed the frontiers of human rights and demonstrated that giving women the opportunity to participate fully is vital to security, stability, and prosperity.

Clinton is a graduate of Wellesley College and Yale Law School.

Clinton will receive the award on Saturday evening, May 3, 2014, at the Field Museum in Chicago as part of the 50th Annual Convocation of the Lincoln Academy of Illinois. The Lincoln Academy is a non-partisan, independent organization which administers the award and chooses each year's honorees.

For more information about the Order of Lincoln or to view information about this year's recipients, please visit www.thelincolnacademyofillinois.org.

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MOLINE, Ill. (March 19, 2014) - Matt Boyd broke a 1-1 tie early in the third period, Mike Stinziani scored once and added an assist and Ty Rimmer made 26 saves as the host Quad City Mallards defeated the St. Charles Chill 4-1 Wednesday night.  With the win, the Mallards (29-20-10, 68 points) climbed to fifth place and halted a four game winless streak while the defeat extended the tenth place Chill's (11-43-6, 28 points) losing streak to four games.

Boyd scored the first of three unanswered Mallard third period goals from the doorstep at 1:35 of the final frame.  Mike Monfredo's point blank backhander extended the gap to 3-1 at 15:46.  Stinziani capped off the win by scoring an empty net goal with just 11 seconds remaining.

The Mallards had first moved in front when Justin Fox opened the scoring at 4:54 of the first period with a wrist shot the left wing circle.  The Chill's John Snowden broke into the slot to tie the score at one at 17:39 of the first.

The Mallards next play at home Saturday night at 7:05 p.m. against the Missouri Mavericks.  Saturday is John Deere Community Night.  Courtesy of John Deere 2,000 tickets to Saturday evening's game are available for just $5 at the iWireless Center box office or at ticketmaster.com

Tickets for Saturday night's game and all Mallards regular season home games can also be purchased at Ticketmaster outlets or through Ticketmaster charge-by-phone toll free at 1-800-745-3000.  The ticket office is open weekdays from 10:00 a.m. to 5:30 p.m., on Saturdays from 10 a.m. to 2:00 p.m. and on game days from 10:00 a.m. until the start of the second period.

Encourages Residents to Volunteer in their Communities and Take Part in April 1, 2014 Day of Recognition

CHICAGO - Governor Pat Quinn today proclaimed March 23 - 29 National Service Week in Illinois and encouraged people across Illinois to find ways to give back to their communities. Governor Quinn also reminded residents to take part in recognizing national service programs in their communities during the Mayors Day of Recognition of National Service on Tuesday, April 1. Today's announcement is part of Governor Quinn's commitment to encourage volunteerism in Illinois.

"There is no better way to give back than to donate your time by volunteering," Governor Quinn said. "Volunteers contribute a great deal to Illinois both locally and throughout the state at our historic sites, state parks, care facilities and institutions. I encourage everyone to participate in National Service Week and recognize the valuable gifts that volunteers provide."

"As John Maxwell once stated, 'The bottom line in leadership isn't how far we advance ourselves, but how far we advance others,'" Serve Illinois Commission Chair Frederick Nettles said. "In the line of service, our job is to empower others."

People across Illinois can find volunteer opportunities in their communities by visiting Serve.Illinois.gov. The website is run by the Serve Illinois Commission?a 40-member, bi-partisan board appointed by the Governor to improve Illinois communities by enhancing traditional volunteer activities and supporting national service programs.

The Mayors Day of Recognition is a special initiative from the Corporation for National and Community Service to highlight the value and impact of volunteering and to encourage residents to participate. The second annual Mayors Day of Recognition will take place on April 1, 2014. Mayors across Illinois have registered to participate and those interested in signing up can visit NationalService.gov.

AmeriCorps, Senior Corps and the Social Innovation Fund are the national service programs that will be recognized in numerous Illinois communities during Mayors Day of Recognition of National Service on April 1. Mayors and city and county managers will hold public events and use traditional and social media to highlight the value and impact of national service in their communities. Mayors who would like to participate should register through Serve.Illinois.gov.

The Governor today also saluted the many service organizations that contribute daily to making Illinois a better place to live and work.

AmeriCorps includes AmeriCorps VISTA, AmeriCorps State, AmeriCorps National and AmeriCorps NCCC. Together they provide opportunities for 80,000 citizens across the nation, including approximately 3,600 in Illinois, to give back to their communities, states and nation. AmeriCorps in Illinois last year recruited 53,600 volunteers and raised more than $4.7 million in in-kind resources.

Senior Corps includes the Foster Grandparents Program, Senior Companions Program and Retired & Senior Volunteer Program. Each year the program places more than 14,000 volunteers in communities throughout Illinois. These volunteers have helped more than 7,000 Illinois children to read, assisted more than 18,000 seniors to stay in their homes, supported more than 5,800 veterans and 8,300 veteran family members, served more than 200 special needs children and supported more than 2,000 community organizations. Approximately 3.1 million Senior Corps hours contributed annually is valued at $70 million.

The Social Innovation Fund mobilizes public and private sector resources to grow promising, innovative, community-based solutions in the areas of economic opportunity, healthy futures and youth development. The program has awarded $177.6 million in grants since 2010 that have yielded another $423 million in private commitments. Eleven Illinois organizations have received $1.3 million in grants.

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Board says Fair Tax needed to lower taxes for the majority of Rock Island County families and save communities from devastating and unprecedented cuts to local services

 

Rock Island, IL -By an overwhelming majority, the Rock Island County Board passed a resolution this evening calling on lawmakers in Springfield to pass the Fair Tax Act (HJRCA 33/SJRCA 40) as a necessary first step to bring fairness to Illinois' tax code and to avoid devastating and unprecedented cuts to local services.  Right now, Illinois has an unfair tax system in which low and middle income families pay a rate that is twice the rate of the very rich, when factoring in all state and local taxes paid.

The resolution specifically endorses a "Fair Tax - with lower rates for lower incomes and higher rates for higher incomes" that would "lower taxes for the majority of Rock Island County residents and put more money into our local economy."

"Springfield's cheating our middle class families, holding back our economy, and jeopardizing our way of life here in Rock Island County,"said board member Brian Vyncke. "It's time for fundamental budget and tax reform that includes a Fair Tax, which means a tax cut for Rock Island families."

Vyncke noted that Rock Island County competes with its neighbor to the west.  He referenced data presented at last week's Governmental Affair Committee meeting that showed Iowa, which has a Fair Tax, has an unemployment rate that is half of Illinois'.  Scott County, IA has sales and property tax rates that are much lower on average that those in Rock Island County.

"We need to grow on this side of the river.  We need to make sure families choose to work, shop, and live here in Rock Island County and not head over the bridge to Iowa, which has a Fair Tax," said Vyncke.

Board member Don Jacobs noted that the county has already lost $500,000 from the state this year, which included cuts to the state's attorney's office.

"Today it's cuts to public safety. Tomorrow it will be more cuts to public safety and also to our schools, and our roads, services for our seniors, and all the other things that drive Rock Island County's economy and make our communities livable," said Jacobs.  "That's unless Springfield moves forward on the Fair Tax Act."

Mike Malmstrom attended this evening's hearing to offer his support for the Fair Tax resolution.  Mike is a veteran who is concerned about cuts to state programs that assist Illinois' veterans and those who have served in our Armed Forces.  Mike works to make sure Illinois' veterans are not homeless.  His son earned free college tuition from the state after serving in Afghanistan.

"Middle class folks like me will get a tax cut with a Fair Tax and could use one, but the state should not abandon our veterans just because millionaires want a tax cut too," said Malmstrom.

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A Better Illinoisis a statewide coalition of civic and community organizations, small business, labor and faith leaders, educators, service providers, and tens of thousands of ordinary taxpayers seeking to modernize Illinois tax structure to create greater fairness and long-term economic growth.

BOURBONNAIS, IL (03/19/2014)(readMedia)-- Olivet Nazarene University announces that the following students from this area have been named to the dean's list for the recently completed fall 2013 semester:

Emily Arnold of Prophetstown

Lydia Bilyeu of Fulton

Zachary Bozman of LeClaire

Peter Davies of Bettendorf

Derek Delgado of Sterling

Trevor Delgado of Sterling

Liza Dollenbacher of Bettendorf

Zackry Everett of Sterling

Miranda Geever of Moline

Jordan Hirl of Clinton

Cory Holloway of Moline

Kathleen Marston of Clinton

Jacob Mellinger of Moline

Hannah Milby of Sterling

Emily Mills of Milan

Ainsley Ports of Sterling

Sonia Smith of Bettendorf

To qualify for inclusion on the dean's list, a student must have been enrolled as a full-time undergraduate student and must have attained a semester grade point average of 3.50 or higher on a 4.00 grading scale.

Olivet Nazarene University is an accredited Christian, liberal arts university offering more than 100 areas of undergraduate and graduate study, including the Doctor of Education in ethical leadership. Olivet has one main campus in Bourbonnais, Ill. - just 50 miles south of Chicago; three sites: Rolling Meadows and Oak Brook, Ill., and Hong Kong; and more than 100 School of Graduate and Continuing Studies learning locations throughout Chicagoland and the Midwest. From Oxford to Tokyo, hundreds of Olivet students also experience the global classroom each year, whether through study abroad opportunities or worldwide mission trips.

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SPRINGFIELD - March 19, 2014. Lt. Governor Sheila Simon is backing a package of resolutions with the lieutenant governors of Indiana and Wisconsin aimed at combating the spread of nuisance species in Midwest waterways and encouraging the completion of college. The bipartisan resolutions backed by Simon, Sue Ellspermann (R-IN) and Rebecca Kleefisch (R-WI) will be taken up at the National Lieutenant Governors Association's Federal-State Relations Meeting  this week in Washington D.C.

"We may be Lieutenant Governors from different states, but education and protecting our waterways are important to us all," said Simon. "Good things happen when we work together. Through our continued partnerships, I believe we can make significant progress toward improving college completion and fighting the Asian carp problem."

Working closely with Indiana Lt. Gov. Sue Ellspermann, Simon is encouraging states to implement Guided Pathways to Student Success to increase the number of students completing college degrees and certificates. Their resolution specifically recommends that other lieutenant governors work with their respective higher education boards, colleges and universities to provide simple, easy to navigate routes to degree completion.

To address the growing challenge of aquatic nuisance species in the Great Lakes Region, Simon partnered with Wisconsin Lt. Gov. Rebecca Kleefisch to take on problems that pose a danger to both the Great Lakes and the Mississippi River Basin. The Simon and Kleefisch resolution calls for cooperation and support of a cost-effective, environmentally-friendly means to preserve regional waterways while maintaining trade and commerce.

"It's important that the Great Lakes states work together to protect our waterways and the thousands of family-supporting jobs that rely on them for shipping, commercial and sport fishing, and tourism," Kleefisch said. "This resolution is one example of the multi-state partnership that's vital to solving this problem in a smart, cost-effective manner."

As the state's point person on education reform. Simon is working to increase the proportion of working-age adults with college degrees or certificates to 60 percent by 2025. Simon also chairs three River Coordinating Councils charged with the mission of reviewing state and federal programs that impact the watersheds and working with local communities to raise awareness of and address watershed issues. Copies of both resolutions can be found here.

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ROMEOVILLE, IL (03/19/2014)(readMedia)-- Dr. Dennis Cremin, history professor and director of the Lewis University History Center, recently described how Lewis University has partnered with the Joliet Area Historical Museum for the "The Emergence of Modern Joliet: Art, Industry & Urbanization" exhibit on display until June 8. His presentation about the JAHM exhibit kicked off a lecture series that continues through April.

As part of an assignment for Cremin's Public History class, students conceptualized how Lewis University's extensive collection of historic images by local journalist and artist Adele Fay Williams could be utilized to provide visuals of the Joliet area from 1870-1930. The Public History students encouraged combining her images with the Museum's Harold Whiteside tool collection to highlight the transition of the Joliet area from a rural community to an industrial town, then eventually to an urban city.

Dr. Cremin's History of Illinois class researched the topics and drafted text for the exhibit panels. The exhibit's scheme was a group effort by students in the Advanced Design class directed by Leslie Colonna, Lewis University instructor of art and design. Since Williams used the Joliet courthouse in many of her images, students took current photos of the building as it stands today to use as comparison for showing the transition of the area.

Samantha Glackin of Moline, Ill. contributed to the exhibit.

The lecture series on the exhibit continues through April at the JAHM:

March 19: "How to Read a Work of Art," an event taught by Colonna, will teach the elements and principles that make each work of art unique and affect how it is interpreted at 1 p.m.

April 2: "The Life, Times and Art of Adele Fay Williams," will showcase artist Teri Lesniak who will portray Adele Fay Williams and complete a painting in the style of the renowned artist.

April 12: "An Afternoon with Dr. Sterling," author of Joliet history books and retired professor at Joliet Junior College, Dr. Robert Sterling will discuss the exhibit and sign books.

Those who participated in the History of Illinois class included: Sean Barber, Nicholas Czerwinski, Jocelyn Davila, Joshua Dittman, Patrick Franks, Samantha Glackin, Adrienne Gonzales, Michael Hines, Sarah Langheld, Anthony Larocca, Zeferino Martinez, Kelsey O'Brien, Tyson Polack, Alan Rosas, Brittany Russell and Zachary Zalewski.

Advanced Design students who contributed significantly to the exhibit included: Elizabeth Apostolos, Lauren Kill, Connor McLennan, Kendra Mills, Cory Seng, Lauren Trzeciak and Sandra Zuchara.

The original collection of Adele Fay Williams' drawings and prints was donated to the Howard and Lois Adelmann Collection in 1989 by Katherine Woodruff Barnes. An additional 88 drawings and prints were donated to the Collection in August 2011 by Dr. Robert E. Sterling. The drawings can also be seen at the Howard and Lois Adelmann Regional History Collection website at www.lewisu.edu/imcanal.

Lewis University is a Catholic university in the Lasallian tradition offering distinctive undergraduate and graduate programs to more than 6,600 traditional and adult students. Lewis offers multiple campus locations, online degree programs, and a variety of formats that provide accessibility and convenience to a growing student population. Sponsored by the De La Salle Christian Brothers, Lewis prepares intellectually engaged, ethically grounded, globally connected, and socially responsible graduates. The seventh largest private not-for-profit university in Illinois, Lewis has been nationally recognized by The Princeton Review and U.S. News & World Report. Visit www.lewisu.edu for further information.

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