DAVENPORT, IA- On January 16, 2015, Harrison Sean Summers, age 23, of Davenport, Iowa, was sentenced by United States District Court Judge John A. Jarvey to two concurrent terms of 30 months imprisonment, after pleading guilty to conspiracy to distribute marijuana and false statements to a federal grand jury, announced United States Attorney Nicholas A. Klinefeldt. Summers was also ordered to serve two years of supervised release, and to pay $200 towards the Crime Victims Fund.
Beginning by at least May 2011, and continuing until approximately March 2013, Summers entered into an agreement to receive marijuana from co-defendant Jared Fromknecht to distribute to others. Summers was aware that Fromknecht was shipping marijuana via mail from Colorado to Iowa for re-distribution. As part of this agreement, Summers paid Fromknecht for marijuana received by depositing drug proceeds in a bank account. At sentencing, Summers admitted to being responsible for over 40 kilograms of marijuana.
Chief Justice Cady has signed an order establishing and appointing new members to the Guardianship and Conservatorship Reform Task Force Steering Committee.

Chief Justice Cady has also signed an order establishing and appointing new members to the Iowa Family Law Case Processing Reform Task Force Steering Committee.

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Orders/

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A list of cases on which the Iowa Court of Appeals is expected to rule will be posted at 10:00 a.m. one day preceding each opinion filing day.

 

Opinions Archive

This archive contains opinions from 1998 to the present. Summaries of opinions are archived for opinions filed between 1998 to April 12, 2006 only.

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.

Des Moines, January 13, 2015– On Wednesday, January 14, 2015, at 10 a.m., in the House Chambers of the Iowa State Capitol, Chief Justice Mark Cady of the Iowa Supreme Court will address a joint convention of the General Assembly on the State of the Judiciary.

Chief Justice Cady will report on progress in the past year toward making the Iowa Judicial Branch the best, most advanced, and most responsive court system in the nation. The chief justice will highlight daily efforts he has seen toward reaching this goal in family treatment courts, juvenile courts, innovations in the civil justice system, courthouse security, improvements in technology, and efforts to find solutions to end disparities in the criminal justice system.

Live video will be streamed on the Iowa Legislature website beginning at 10:00 a.m. To stream the video, go to  https://www.legis.iowa.gov/chambers

Members of the media may obtain advance copies of the speech January 14, 2015, at 8:30 a.m., in the supreme court courtroom at the Capitol. The message will be posted on the Iowa Judicial Branch website www.iowacourts.gov at 10:45 a.m.

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DES MOINES, IA - Former Iowa resident Christina M. Pender and California resident Robert K. Taylor have pled guilty to defrauding insurance company AIG out of hundreds of thousands of dollars. Taylor also pled guilty to making false statements to a financial institution involving a mortgage fraud scheme in California. Pender pled guilty on April 17, 2014, and Taylor pled guilty on August 27, 2014.

On May 21, 2013, a federal grand jury in the Southern District of Iowa indicted Pender and Taylor for wire fraud. From approximately April 1, 2010 to January 5, 2011, Pender and Taylor perpetrated a scheme whereby Pender, then an AIG insurance adjuster located in West Des Moines, Iowa, approved payments to companies owned by Taylor for expert services that were never provided. Taylor's companies were based in California, where he resided, and included TEI Group Associates, Inc., TEI Group, Inc., and Equitable Consulting Solutions.

Pender also approved payments for expert services that were not provided to another Iowa-based company, MDP Group, which was owned, in part, by her then-boyfriend. All of the alleged services were supposed to be for consulting in furtherance of AIG's handling of construction defect claims that were in litigation. In total, Pender admitted that she approved approximately $925,406 in payments by AIG for services that were not provided. Taylor received $666,128.98 of those payments.

During the pendency of the prosecution for wire fraud, the Government discovered that Taylor was also part of a mortgage fraud scheme in California. From approximately December 2005 through April 2006, Taylor applied for and received mortgage loans and lines of credit that he used for the purchase and refinance of several real properties in Kingsburg, California. In his mortgage loan and line of credit applications for these properties, Taylor knowingly and fraudulently identified his social security number as a number which he knew was not his social security number in an effort to influence the approval and funding of the loans. Taylor ultimately defaulted on his payment obligations, and the Kingsburg properties were foreclosed.

Then, on November 20, 2012, Taylor subsequently filed a petition for bankruptcy using the fraudulent social security number. As a result of Taylor's false statements for the purpose of obtaining the mortgage loans and lines of credit, Taylor caused lending institutions, including Countrywide Bank, losses of $326,100. Taylor pled guilty to an Information charging him with making false statements to a financial institution.

Pender was sentenced to 18 months in prison and ordered to pay restitution in the amount of $879,401.74 to AIG. Taylor was sentenced to 28 months in prison and ordered to pay restitution in the amount of $376,468.80 to Bank of America and $623,924.72 to AIG. The wire fraud case was investigated by the Federal Bureau of Investigation and prosecuted by the United States Attorney's Office for the Southern District of Iowa. The case involving false statements to a financial institution was investigated by the Federal Deposit Insurance Corporation?Office of Inspector General and prosecuted by the United States Attorney's Offices for the Eastern District of California and the Southern District of Iowa.

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. 13-0417

MAXINE GAIL VEATCH vs. CITY OF WAVERLY and JASON LEONARD, individually and in his official capacity

No. 13-0702

STATE OF IOWA vs. BEAU JACKSON MORRIS

No. 13-1106

STATE OF IOWA vs. CARRIE McIVER

No. 13-1113

STATE OF IOWA vs. JILLIAN JANE STEWART

Des Moines, January 8, 2015– On Wednesday, January 14, 2015, at 10 a.m. in the House Chambers, Chief Justice Mark Cady of the Iowa Supreme Court will address a joint convention of the General Assembly on the State of the Judiciary.

Live video will be streamed on the Iowa Legislature website beginning at 10:00 a.m. To stream the video, go to https://www.legis.iowa.gov/chambers and take the link "Live Chamber Video." To view an archived video of the speech, take the link "Daily Archives" on the same web page. A summary of the topics that the Chief Justice will address in the speech will be released Tuesday, January 13, 2015.

Members of the media may obtain advance copies of the speech at 8:30 a.m. in the supreme court courtroom at the Capitol. The message will be posted on the Iowa Judicial Branch website http://www.iowacourts.gov at 10:45 a.m.

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Governor Grants Clemency for Three Individuals Found Guilty of Working on the Underground Railroad Before the Civil War

CHICAGO - Governor Pat Quinn today issued posthumous pardons for three Illinois abolitionists who were found guilty of working on the Underground Railroad before the Civil War. Dr. Richard Eells of Quincy and Julius and Samuel Willard of Jacksonville were convicted more than 170 years ago based on previous laws in Illinois that prohibited citizens from helping runaway slaves. Today's action is part of Governor Quinn's commitment to honoring those who fought and died to advance the civil rights movement.

"These early warriors for freedom put everything on the line to help their fellow man, and their civil disobedience paved the way for civil rights," Governor Quinn said. "Clearing their criminal records 171 years later shows how far we have come, but reminds us all that we should fight injustice wherever we find it."

The three abolitionists were convicted of secreting and harboring fugitive slaves in 1843, acts prohibited by the 149th Section of the Illinois Criminal Code. Although slavery was abolished in Illinois in 1824, harboring or assisting runaway slaves remained illegal under Illinois and federal law. The clemency petitions for Eells and the Willards were prepared by the office of Lieutenant Governor Sheila Simon.

"The men and women who defied the law to support the Underground Railroad risked their safety and well-being because they believed that all individuals deserve freedom," Lt. Governor Simon said. "I would like to thank Governor Quinn for honoring their memories and sacrifices with pardons for their selflessness and courage. Abolitionists were on the right side of history, and today we honor their foresight and heroism."

One of the most famous Underground Railroad cases in Illinois history involved Dr. Richard Eells, a Quincy physician. On August 21, 1842, a fugitive slave from Monticello, Missouri was brought to Eells by Barryman Barnett, a free African-American man living in the Quincy area. Since the fugitive's owner was in pursuit, Eells tried to rush the fugitive to the Mission Institute, a school for missionaries that became a haven for persons with anti-slavery views and the number one station on the Quincy Underground Railroad route. A chase ensued, and as he passed a cornfield, Eells told the fugitive to jump from the horse and buggy and run. The fugitive was later caught, and the next morning Eells was arrested.

The case was tried in April 1843 before Circuit Judge Stephen A. Douglas. Eells was found guilty of harboring a slave and fined $400. He unsuccessfully appealed the case to the Illinois Supreme Court, and died before the case could be heard by the U.S. Supreme Court, which also upheld his conviction. Eells' attorney during the ordeal was Salmon P. Chase, who later became President Abraham Lincoln's Secretary of the Treasury.

The conviction did not deter the doctor. Eells was a leader of the abolitionist movement in Quincy and central Illinois, presided over the Adams County Anti-Slavery Society and helped hundreds of enslaved Africans and African-Americans escape to freedom in Canada. He went on to serve as president of the Illinois Anti-Slavery Party and ran for Governor of Illinois in 1846. The National Park Service later named Dr. Eells' home as one of the 42 most important Underground Railroad sites in the United States.

Julius Willard and his son Samuel were convicted for attempting to help a young woman known as "D" reach the Underground Railroad from their home in Jacksonville. Julius was fined $20, while Samuel was fined $1 and court costs. The conviction nearly resulted in Samuel's expulsion from Illinois College, but faculty support allowed him to remain enrolled and go on to complete a medical degree. Dr. Samuel Willard went on to serve in the Civil War as a surgeon in the 97th Illinois Regiment. After his service he became a strong advocate for public education.

In preparing the petition for clemency relief, the Lt. Governor's staff collaborated with state historians to assemble an impressive collection of historical documents, including the original case files from the Illinois State Archives. The petitions were prepared as a special project by legal interns, at no cost to taxpayers.

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CHICAGO - Governor Pat Quinn today granted 102 and denied 208 clemency petitions. After inheriting more than 2,500 cases that built up during the previous administration, the Governor continues to make significant progress acting on clemencies.

The 310 clemency petitions acted upon today by Governor Quinn are part of dockets dating back to 2008. Each person granted clemency has recently undergone a criminal background check through the Illinois State Police's Law Enforcement Agencies Data System (LEADS).

A granted clemency request for a pardon with expungement allows the petitioner to seek expungement of their conviction through the court system.

Since taking office, Governor Quinn has acted on 4,272 clemency petitions. Governor Quinn has granted 1,520 and denied 2,752 petitions.

For additional information on the granted clemency cases, please contact Ken Tupy at the Prisoner Review Board at (217) 782-1610 or Ken.Tupy@illinois.gov.

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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. 14-0288

IN THE INTEREST OF J.C, Minor Child. D.C., Father

No. 14-1406

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. ROBERT ALLAN WRIGHT JR.

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