Governor Bruce Rauner issued the following statement:

"Yesterday, Adjunct General Daniel M. Krumrei and Illinois Public Safety Director Rodger Heaton briefed me regarding the ongoing investigation into an Illinois National Guard soldier, his potential involvement in terrorist activities and the soldier's impending arrest.  

   

"Last night, I was informed that the Illinois National Guard soldier was arrested for alleged terrorist activities including attempting to join and assist ISIS and conspiring to facilitate other terrorist actions.  I commend the Illinois National Guard and the Federal Bureau of Investigation for working together closely to apprehend this individual and his associates. On behalf of all citizens of Illinois, I thank all the members of our National Guard as well as the FBI for protecting our state and defending our country. "

###

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. 12-2122
STATE OF IOWA vs. MARIO GUERRERO CORDERO
No. 13-0124
AMISH CONNECTION, INC. vs. STATE FARM FIRE AND CASUALTY COMPANY
No. 14-1607
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. MICHAEL J. CROSS

Iowa Supreme Court to Hear Oral Arguments in Decorah

Des Moines, March 12, 2015–On Wednesday, April 8, the Iowa Supreme Court will hear oral arguments in Decorah, Iowa. The proceeding will take place in the Decorah High School Auditorium, 100 Claiborne Drive. The session is open to the public and will begin at 7 p.m.

The court will hear attorneys argue in two cases:

State of Iowa vs. Tyler James Webster, case no. 13-1095, from Jefferson County

Defendant Tyler Webster appealed his conviction of murder in the second degree on the grounds of juror misconduct, including that the juror did not disclose a familiarity with the victim's family. The Iowa Court of Appeals reversed Webster's conviction and granted a new trial. The Iowa Supreme Court granted the State's Application for Further Review. The State argues that Webster waived his claim of juror misconduct when he did not raise the issue during the trial.

State of Iowa vs. Patience Paye, case no. 14-0183, from Black Hawk County

Defendant Patience Paye appeals her conviction for second offense public intoxication, arguing that the front steps of her home do not constitute a "public place" for purposes of the public intoxication statute. Iowa Code section 123.46 (2013). The Iowa Supreme Court has previously held that the front steps and common hallway of an apartment house do constitute public places, but it has not extended that analysis to a single family home.

Attorneys' briefs for the cases and a guide to oral arguments are posted on the Iowa Judicial Branch website at:http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Offsite_Oral_Arguments_Decorah/.

A public reception with the supreme court justices will follow the oral arguments in the Decorah High School commons.

Note to Editors: News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, audio recording devices, and other electronic devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch Website athttp://www.iowacourts.gov/For_the_Media/Expanded_News_Media_Coverage/

The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website athttps://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/01-30-2015.25.pdf

Internet Explorer 9 or higher is required to view this page of the Iowa Legislature website. Mozilla, Firefox, or Google Chrome will also work.

# # #

Chief Justice Cady has signed an order requesting public comments to proposed amendments to Iowa Court Rule 31.16 regarding registration of foreign house counsel.

He has also signed an order requesting public comments on proposed amendments to Iowa Court Rule 35.14 regarding reinstatement of license to practice law after revocation.

Deadline for submitting comments is May 11, 2015 on both amendments.

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Orders/
CHICAGO -- Governor Bruce Rauner announced today he has selected Donald Stolworthy, 54, of Arlington, Va. to lead the Illinois Department of Corrections as its next Director. Stolworthy brings 15 years of corrections experience to the position and is a recognized expert in corrections reform.
Currently, Stolworthy works at the U.S. State Department in the Bureau of International Narcotics and Law Enforcement Affairs (INL) as a Corrections Team Leader. He conducts assessments of foreign prison systems to see how the United States can help transform those systems and further U.S. strategic interests. Stolworthy is also the senior corrections subject matter official at the INL and routinely provides policy guidance to senior State Department officials and Assistant Secretaries of State.
Stolworthy also managed the construction of all five prisons in Iraq as the Deputy Director of Operations and Warden Adviser while working for the State Department and U.S. Justice Department. The construction of those prisons was completed on time and under budget by $8 million. In this position, Stolworthy also advised and mentored the Iraqi warden and deputy warden on the best correctional practices.
Stolworthy's career in corrections began in 1999 as a Probation and Parole Officer with the Alaska Department of Corrections. He was promoted three years later to Deputy Commissioner of Operations where he oversaw a number of reforms to make the department more efficient. For example, he created the position of Chief Time Accounting Officer, revised sentence computation policy to reflect statutory changes, improved accuracy of sentence computations and reduced the department's liability.
In addition to his corrections experience, Stolworthy worked as the Special Assistant to the Governor of Alaska, as a legislative aide to a member of the Alaska House of Representatives and as the Division Director of the Alaska Charitable Gaming Division.
Stolworthy graduated from the University of Wyoming with a bachelor's degree in history. He also went through Probation and Parole Officer Basic Academy in Alaska.
###
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. 13-1103

STATE OF IOWA vs. SHAUNTA ROSE HOPKINS

No. 13-1411

ERIN DINDINGER, LISA LORING, and ELIZABETH FREUND, Plaintiffs, vs. ALLSTEEL, INC. and SCOTT MILLS

No. 13-1793

DYLAN BOOK and KAREN BOOK vs. VOMA TIRE CORPORATION, HUNTER ENGINEERING COMPANY, IOWA TIRE, INC., HOLT SALES AND SERVICE, INC., SICE, S.p.A. and SICE AUTOMOTIVE Equipment Societa Italiana Costruzioni Elettromeccaniche S.I.C.E.-S.p.A

No. 14-1708

Amended March 6, 2015 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. GERALD ANTHONY LYMAN MOOTHART

Des Moines, March 4, 2015–On Monday, March 9 and Tuesday, March 10, members of the Iowa Supreme Court will visit seven high schools and Southwestern Community College to meet with students and discuss the role of the courts. The justices will visit East Union, Nodaway Valley, Carlisle, Creston, Interstate 35, Clarke Community, and Winterset high schools.

High school visit schedule for Monday, March 9, 2015

1:15 - 2:15 p.m. Justice David Wiggins at East Union High School, Afton

High school visit schedule for Tuesday, March 10, 2015

8:30 - 9:15 a.m. Justice Brent Appel at Nodaway Valley High School, Greenfield

9:00 - 10:00 a.m. Justice David Wiggins at Carlisle High School, Carlisle

9:00 - 10:00 a.m. Justice Bruce Zager at Southwestern Community College, Creston

9:00 - 10:00 a.m. Chief Justice Mark Cady at Creston High School, Creston

9:47 - 10:30 a.m. Justice Edward Mansfield at Interstate 35 High School, Truro

10:00 - 11:00 a.m. Justice Daryl Hecht at Winterset High School, Winterset

10:35 - 11:30 a.m. Justice Thomas Waterman at Clarke Community High School, Osceola

In addition to the school visits, the supreme court will hold a special session in Creston Monday evening, March 9, in the Creston High School auditorium, 601 West Townline Street, Creston. During the special session, the court will hear oral arguments in one case. The session begins at 7 p.m. and the oral arguments are open to the public. A public reception with the justices in the Creston High School commons will follow the oral arguments.

Special Session

Monday, March 9, 2015, at 7:00 p.m.

Creston High School auditorium

601 West Townline Street

Creston, Iowa

The Iowa Supreme Court will hear lawyers argue in one case:

Sanon, et al. v. City of Pella, et al.

This case involves the drowning of two teen age boys while on a youth camp outing to the Pella Aquatic Center operated by the City of Pella (City). The case rises on appeal from the Iowa district court following its ruling granting in part and denying in part the City's motion for summary judgment on immunity issues. The issues on appeal center on whether acts or omissions of city employees resulting in violation of pool safety regulations amount to a criminal offence under Iowa law such that the City does not have immunity from liability under Iowa Code section 670.4(12).

The March 9, 2015, oral arguments will not be live streamed.

Public reception

There will be a public reception sponsored by the Creston Chamber of Commerce immediately following the court proceeding in the Creston High School commons.

For more information about the oral arguments

Attorneys' briefs for the two cases and a guide to oral arguments are posted on the Iowa Judicial Branch website at:

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

Note to news media

News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, and audio recording devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch Website at: http://www.iowacourts.gov/For_the_Media/Expanded_News_Media_Coverage/ .

Chapter 25 of the Iowa Court Rules regarding cameras and other electronic devices in courtrooms is available on the Iowa Legislature website at https://www.legis.iowa.gov/docs/ACO/CR/LINC/04-30-2014.chapter.25.pdf . Internet Explorer 9 or higher is required to view this page of the Iowa Legislature website. Mozilla, Firefox, or Google Chrome will also work.

# # #

WASHINGTON, DC ? In a resounding win for the First Amendment, a federal court judge has granted The Rutherford Institute's request for a permanent injunction against the Washington Metropolitan Area Transit Authority (WMATA) barring Metro officials from preventing guitarist Alex Young from engaging in "busking," or performing in public places for tips, near DC-area Metro stations. The permanent injunction, entered by U.S. District Court Judge Beryl Howell, comes on the heels of WMATA's concession that it would not challenge Judge Howell's prior ruling, in which she concluded that restrictions on Young's busking under a WMATA rule forbidding "commercial activity" near Metro stations violated the First Amendment. Attorneys for The Rutherford Institute attorneys filed suit against WMATA in July 2014, arguing that the above-ground, "free" areas of WMATA transit stations where Young performs are traditional public forums where members of the public are entitled to engage in speech and expression under the First Amendment. Affiliate attorney Jeffrey L. Light assisted The Rutherford Institute in its defense of Young's First Amendment rights.

"In an age when journalists are being persecuted by the government for protecting their sources, activists are having their communications monitored by government agents, and musicians who criticize police state tactics are being charged with making unlawful threats, this ruling is a timely reminder of how critical the First Amendment truly is and how vital it is that we remain vigilant in defending it at every turn," said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. "As Benjamin Franklin proclaimed, 'Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.'"

Alex Young is a 27-year old guitarist who performs in public and accepts donations from passersby. Although Young does not actively solicit donations, he does set out his open guitar case in order to receive tips from members of the public who enjoy his performance. Among the places where Young performs are the above-ground, "free" areas of WMATA transit stations. According to regulations promulgated by WMATA's governing authority, persons are allowed to engage in "free speech activities" on WMATA property, so long as the activity is in above-ground areas and is at least 15 feet from a station entrance, escalator or stairway. According to the complaint, Young was busking at the Ballston Metro station on the sidewalk abutting N. Stuart Street in November 2013 when he was approached by a Transit Police officer and ordered to cease playing and accepting tips. The officer accused Young of engaging in "panhandling" and threatened to arrest him if he did not move elsewhere.

In a separate instance in October 2013, Young was ordered to cease his public performing at the West Falls Church Metro Station. A Transit Police officer told Young that because he was accepting donations, he was engaged in "commercial activity" that is prohibited by WMATA regulations. In filing suit against WMATA, Rutherford Institute attorneys alleged that the above-ground, free areas of Metro Stations are considered traditional public forums, areas where speech and expression is given special protection by the U.S. Constitution's First Amendment.  Additionally, Young's performing in public, or "busking," is a time-honored activity that courts have consistently found to be fully protected by the constitutional guarantee to freedom of speech.

GRANTED:

NUMBER

COUNTY

CASE NAME




13-1938

Polk

State v. Lyon

14-0231

Polk

DART v. Young

13-1229

Wapello

State v. McNeal

13-1627

Polk

Iowa Ins. Defense v. Core Grp.

13-1095

Jefferson

State v. Webster


DENIED:

NUMBER

COUNTY

CASE NAME


12-1110

Black Hawk

State v. Landfair

13-0576

Lee (South)

State v. Moody

13-0863

Wapello

Wyngarden v. State

13-0909

Des Moines

State v. Bailey

13-1147

Boone

State v. Powell

13-1284

Woodbury

Yates v. State

13-1286

Lee (South)

Philp v. State

13-1380

Wapello

Jordan v. EAB

13-1391

Polk

West Des Moines CSD v. Fry

13-1394

Polk

State v. Reasby

13-1400

Polk

State v. Barnes

13-1461

Scott

State v. London

13-1506

Polk

UPS v. EAB

13-1719

Muscatine

In re Estate of Gaeta

13-1770

Muscatine

State v. Lopez

13-1771

Fayette

State v. Clayton

13-1851

Cerro Gordo

State v. Barnes

13-1866

Marshall

Rawlings v. Peshong

13-1884

Lee (North)

In re Marriage of Morris

13-2007

Polk

Hernandez v. State

14-0059

Clinton

State v. Jones

14-0099

Linn

Summit Interests Inc. v. Mescher

14-0109

Lucas

State v. Martin

14-0123

Black Hawk

Lawson v. State

14-0128

Polk

State v. Winesberry

14-0151

Linn

State v. Justice

14-0278

Story

State v. Jimenez-Reyes

14-0513

Jasper

State v. Mayse

14-0912

Dallas

Rivas v. State


UNDER CONSIDERATION BY THE COURT:

NUMBER

COUNTY

CASE NAME


13-0346

Linn

State v. Schlitter

13-0354

Des Moines

McGhee v. State

13-0633

Polk

Colbert v. State

13-0754

Polk

Estate of Ludwick v. Stryker Corp.

13-1094

Black Hawk

State v. Twigg

13-1357

Polk

City of Davenport v. Timm

13-1837

Polk

State v. Winfrey

13-0712

Polk

State v. Wilson

13-1577

Warren

State v. Goodwin

13-1949

Lee (South)

State v. Yerhart

14-0038

Polk

Anderson News v. Reins.

14-0159

Polk

Phillips v. Lawler

14-0284

Story

State v. Lopez


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. 13-1403

STATE OF IOWA vs. MAX V. THORNDIKE

No. 13-1872

STEVEN A. MUELLER, BRADLEY J. BROWN, MARK A. KRUSE, KEVIN D. MILLER, and LARRY E. PHIPPS, on Behalf of Themselves and Those Like Situated vs. WELLMARK, INC. d/b/a WELLMARK BLUE CROSS AND BLUE SHIELD OF IOWA, an Iowa Corporation, and WELLMARK HEALTH PLAN OF IOWA, INC., an Iowa Corporation

No. 14-0339

GHOST PLAYER, L.L.C. and CH INVESTORS, L.L.C. vs. STATE OF IOWA

No. 14-0757

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. VERLA JEAN BARTLEY

Pages