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. 13-1756

SIOUX PHARM, INC. and SIOUX BIOCHEMICAL, INC. vs. SUMMIT NUTRITIONALS INTERNATIONAL, INC.

No. 14-1577

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. CAMI N. ESLICK

Bartruff to serve as acting director as long-time director John Baldwin retires Friday

(DES MOINES) -  Gov. Terry E. Branstad today appointed Jerry Bartruff as acting director of the Iowa Department of Corrections (DOC). Bartruff's appointment comes as long-time DOC director John Baldwin retires today, Thursday, Jan. 29, 2015. The appointment is effective Friday, Jan. 30, 2015.

"For over forty years, John Baldwin has served the citizens of Iowa. Throughout his tenure, John has provided exemplary leadership and I've been particularly impressed recently with the department's work to both reduce prison population and recidivism," said Branstad. "I'm pleased the department has Jerry Bartruff, a very capable professional, during this time of transition."

"Governor Branstad and I recognized the outstanding leadership of Director Baldwin upon taking office in 2011 and we were pleased to have him as part of our team," said Lt. Gov. Kim Reynolds. "We thank John for his public service and wish him the best in retirement."

Jerry Bartruff is the Deputy Director of Operations for the Eastern Region of the Iowa Department of Corrections. He is responsible for administering and overseeing the institutional operations of the Iowa State Penitentiary in Fort Madison, Anamosa State Penitentiary, Iowa Medical and Classification Center and the Mount Pleasant Correctional Facility. He has been employed at the DOC since 1982, serving in the central office since 2007. He is a graduate of Iowa Wesleyan College in Mount Pleasant, Iowa.

A photo of Jerry Bartruff can be found here. A photo of John Baldwin can be found here.

###

FURTHER REVIEWS

January 21, 2015

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

DAVENPORT, IA - On January 22, 2015, Ryan Lynn Nelson, age 31, of Clinton, Iowa, was sentenced by United States District Judge Stephanie M. Rose to 144 months in prison for distribution, receipt and possession of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Nelson was also ordered to serve eight years of supervised release following the imprisonment, pay a fine of $10,000, pay restitution to victims in the amount of $2,500, and pay $300 to the Crime Victims Fund. The computers and contraband images were ordered to be forfeited.

On August 12, 2011, law enforcement officers of the Iowa Internet Crimes Against Children Task Force identified an IP address associated with Nelson that had child pornography available for download, and obtained a list of files that the user was sharing, including numerous files that had names and labels associated with child pornography. Three files containing child pornography from the specific IP address were downloaded. A search warrant was later issued for Nelson's residence on October 3, 2011, where police searched the residence and found two computers containing numerous images of child pornography.

On March 6, 2014, Nelson pled guilty to all three counts of theof the indictment charging unlawful receipt of child pornography, unlawful distribution of child pornography and unlawful possession of child pornography.

This case was investigated by the Iowa Internet Crimes Against Children Task Force including the Scott County Sheriff's Office, the Davenport, Iowa, Police Department, the DeWitt, Iowa, Police Department, the Clinton County Sheriff's Office, and the Clinton, Iowa, Police Department. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
# # #
DAVENPORT, IA - On January 22, 2015, Shawn Daniel Starling Moore, age 25, formerly of Davenport, Iowa, was sentenced by Chief United States District Judge James E. Gritzner to 72 months in prison for possession of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Moore was also ordered to serve five years of supervised release following the imprisonment, pay restitution to a victim in the amount of $500, and to pay $100 to the Crime Victims Fund. A cellular telephone was ordered to be forfeited.

On August 1, 2013, two adults came to the headquarters of the Davenport, Iowa, Police Department to report that they were aware that images of children engaged in sexually explicit conduct could be seen on Moore's cellular telephone. Moore had left his cellular telephone at their residence and one of them went through photographs stored in the telephone and saw child pornography. Moore later admitted that he viewed child pornography on the cellular telephone and that he used the cellular telephone to save and store some of the child pornography that he received. A search warrant was obtained to search the contents of the cellular telephone and police found numerous images of child pornography on the device.

On October 28, 2014, Moore entered a guilty plea to the charge of possession of child pornography and agreed to forfeit his cellular telephone.

This case was investigated by the Davenport, Iowa, Police Department, and the case was prosecuted by the United States Attorney's Office for 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. 13-0257

MARY E. JACK, Individually and as Parent and Next Friend of ELLA JACK and OWEN JACK and LAWRENCE LAIRD JACK III, Individually vs. JENNIFER R. BOOTH

No. 13-0738

STATE OF IOWA vs. DARION AUBREA LOVE

DAVENPORT, IA - On January 22, 2015, Demario Dante Palmer, age 36, of Davenport, Iowa, was sentenced by United States District Judge Stephanie M. Rose to 186 months in prison for conspiracy to distribute heroin, announced United States Attorney Nicholas A. Klinefeldt. Palmer was also ordered to serve five years of supervised release following the imprisonment and to pay $100 to the Crime Victims Fund.

Palmer distributed heroin to various customers in the Davenport area beginning by at least 2008 and continuing until June 30, 2014. Palmer obtained portions of the heroin he distributed from sources in the Chicago area. Palmer utilized other persons during this time period to assist him in obtaining heroin from Chicago, including recruiting others to drive him (or other persons acting on his behalf) to Chicago for the purpose of bringing heroin to Davenport to further distribute. Palmer also utilized other persons to assist him with distributing heroin to his customers. On June 30, 2014, pursuant to a warrant, police searched Palmer's residence in Davenport. Police located approximately 7.5 grams of heroin in 20 individually packaged baggies, packaging material, a digital scale, and a firearm, all of which belonged to Palmer. The quantity of heroin distributed by Palmer exceeded 1 kilogram.

This case was investigated by the Davenport, Iowa, Police Department and the Iowa Department of Narcotics Enforcement. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.

# # #

DAVENPORT, IA - On January 22, 2015, Kenra Sharay Campbell, age 29, of Davenport, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 18 months in prison, after pleading guilty to escape from federal custody, announced United States Attorney Nicholas A. Klinefeldt. Campbell was also ordered to serve two years of supervised release following the imprisonment, and to pay $100 to the Crime Victims Fund.

On August 6, 2014, Campbell escaped from the Davenport Work Release Center, where she was serving the remainder of a federal sentence for felon in possession of a firearm. On August 8, 2014, the United States Marshals Service arrested Campbell in Moline, Illinois.

This case was investigated by the United States Marshals Service. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
# # #

DAVENPORT, IA - On January 22, 2015, Justin Scott Coffey, age 30, of Davenport, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 63 months in prison, after pleading guilty to conspiracy to distribute marijuana, announced United States Attorney Nicholas A. Klinefeldt. Coffey also was ordered to serve four years of supervised release following the imprisonment, and to pay $100 to the Crime Victims Fund.

From June 2007 to April 2013, Coffey and other individuals entered into an agreement to distribute over 100 kilograms of marijuana. During this time period, Coffey traveled to California and arranged for the purchase of multiple pound quantities of marijuana. Coffey mailed packages of marijuana back to other Iowa co-conspirators for re-distribution in the Quad Cities area. Coffey also transported marijuana and drug proceeds himself in and out of Iowa.

This case was investigated by the U.S. Drug Enforcement Administration and the Quad CityMetropolitan Enforcement Group (QCMEG). The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.


In the Matter of the Basic Skills Course Requirement for Newly Admitted Attorneys (January 21, 2015)

Basic Skills Course Requirement
Effective immediately

Order (420 kb)


Rule 41.12 Basic skills course requirement (151 kb)



In the Matter of Amendments to Chapter 46 of the Iowa Court Rules (December 18, 2014)

Certification of Shorthand Reporters
Effective immediately

Order (68 kb)


Chapter 46 (102 kb)



In the Matter of Amendments to Iowa Court Rules 31.3 (December 16, 2014)

Required Examinations
Effective immediately

Order (35 kb)


Rule 31.3 Required examinations (157 kb)



Adoption of New and Amended Rules Governing Court Interpreters (December 4, 2014)

Chapters 47 and 48 of the Iowa Court Rules
Effective July 1, 2015

Order (177 kb)


Chapter 47 (326 kb)


Chapter 48 (219 kb)



Revisions to Expedited Civil Action Rule and Recent Amendments to Iowa Discovery Rules (October 30, 2014)

Order (92 kb)


Rule 1.281 expedited civil changes (27 kb)


Rule 1.500 Discovery changes (65 kb)


Joint Motion to Proceed as an Expedited Civil Action: Rule 1.1901–Form 18 (18 kb)


Notice of Civil Trial-Setting Conference: Rule 23.5–Form 1 (40 kb)


Trial Scheduling and Discovery Plan: Rule 23.5–Form 2 (74 kb)


Trial Scheduling and Discovery Plan for Expedited Civil Action: Rule 23.5–Form 3 (71 kb)



Adoption of Expedited Civil Action Rule and Amendments to Iowa Discovery Rules (August 28, 2014)

Order (1195 kb)


Ch. 1 Expedited Civil Action Rule 1.281 (300 kb)


Ch. 1 Discovery Amendments (439 kb)


Expedited Civil Action Certification: Rule 1.1901--Form 16 (220 kb)


Expedited Civil Action Certification: Rule 1.1901--Form 17 (221 kb)


Joint Motion to Proceed as an Expedited Civil Action: Rule 1.1901–Form 18 (176 kb)


Health Care Provider Statement in Lieu of Testimony: Rule 1.1901–Form 19 (238 kb)


Ch. 23 Time Standards for Case Processing (220 kb)


Notice of Civil Trial-Setting Conference: Rule 23.5–Form 1 (208 kb)


Trial Scheduling Order and Discovery Plan: Rule 23.5–Form 2 (310 kb)


Trial Scheduling Order and Discovery Plan for Expedited Civil Action: Rule 23.5–Form 3 (312 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (August 15, 2014)

Order (80 kb)



In the Matter of Probate Forms in Chapter 7 of the Iowa Court Rules (June 17, 2014)

Amended forms to take effect permanently August 16, 2014

Order (43 kb)



In the Matter of Probate Forms in Chapter 7 of the Iowa Court Rules (May 23, 2014)

Order (53 kb)


Chapter 7 Title and Contents (140 kb)


Probate Forms (286 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 29, 2014)

Further amendments to rules and forms of Chapter 25
Effective May 1, 2014

Order (43 kb)


Chapter 25, Rules for Expanded News Media Coverage (246 kb)


Chapter 25, EMNC forms (562 kb)


Summary of Amendments to Chapter 25 (203 kb)



In the Matter of Amendments to Division III of the Iowa Court Rules (April 25, 2014)

Order (45 kb)


Rule Changes for Law Student Registration & Lawyer Reporting Dates (98 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 2, 2014)

Effective May 1, 2014

Order (115 kb)


Chapter 25, Rules for Expanded News Media Coverage (245 kb)


Chapter 25, EMNC forms (512 kb)


Summary of Amendments to Chapter 25 (201 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Self Represented Litigant Forms for Disestablishing Legal Parent (March 26, 20140

Order (73 kb)


Rule 17.200 Family law forms for dissolution of marriage with dependent children (129 kb)


Form 212: Joint Statement on Legal Parent (501 kb)


Form 213: Motion to Disestablish Legal Parent (504 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Student Practice (March 21, 2014)

Order (29 kb)


Rule 31.15 Student Practice Rule (152 kb)


OPR Memo Re: Amendment of Student Practice Rule (65 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Continuing Legal Education (March 21, 2014)

Order (28 kb)


Chapters 41 and 42 (176 kb)


OPR Memo Re: Distance Education Changes as Adopted (65 kb)



In the Matter of Adoption of New Chapter 17 Forms for Applications to Modify Child Support in the Iowa Court Rules (March 6, 2014)

Order (406 kb)


Rule (127 kb)


Forms (1451 kb)


Guide (492 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Adoption of New Forms for Dissolutions of Marriage with Children (December 19, 2013)

Order (79 kb)


Divorce Forms for Self Represented Litigants With Minor Children (4394 kb)


Guide to Representing Yourself in an Iowa Divorce Case with Minor Children (543 kb)


Chapter 17 of the Iowa Court Rules (153 kb)



In the Matter of Amendments to Division III of the Court Rules Regarding the Client Security Trust Fund (November 26, 2013)

Order (160 kb)


Office of Professional Regulation Memorandum (118 kb)


Chapter 39 and 40 (141 kb)



In the Matter of Adoption of New Forms for Dissolutions of Marriage with no Minor Children (November 6, 2013)

Order (60 kb)


Divorce Forms for Self Represented Litigants With No Minor Children (2415 kb)


Guide to Representing Yourself in an Iowa Divorce Case with no Minor Children (445 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (October 22, 2013)

Supervisory Order (66 kb)


Rules 16.302, 16.320, 16.701 (132 kb)



In the Matter of the New Rule of Juvenile Procedure (October 16, 2013)

Juvenile Procedure 8.36

Order (125 kb)


Rule 8.36 (253 kb)


Standards of Practice (309 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (August 22, 2013)

Effective immediately

Order (25 kb)


Chapter 31, Admission to the Bar (214 kb)



In the Matter of Adoption of Clarifying Comments (June 13, 2013)

Iowa Rule of Professional Conduct 32:1.13
Effective immediately

Order (61 kb)



In the Matter of Iowa Court Rules New Chapter 26 (June 4, 2013)

Rules for Installment Payment Plans and Other Court Collection Activities
Effective July 1, 2013

Order (253 kb)


Chapter 26 (294 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 9 (May 9, 2013)

Child Support Guidelines
Effective July 1, 2013

Order (69 kb)


Chapter 9, Child Support Guidelines (2035 kb)


Child Support Guidelines Review Committee Final Report (2595 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has approved rules governing electronic appellate processes. The rules, to be contained in the Chapter 16 court rules pertaining to EDMS, are prospective only. The court will announce an effective date for the rules and for implementation of electronic filing in the appellate courts at a later date.

Order (63 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has amended the rules of appellate procedure contained in chapter 6 of the Iowa Court Rules and has rescinded and rewritten the rules governing the organization and procedures of appellate courts contained in Chapter 21 of the Iowa Court Rules.
Effective May 3, 2013

Order (74 kb)


Chapter 6 and Chapter 21 (116 kb)



In the Matter of Adoption of an Emeritus Pro Bono Practice Rule (March 1, 2013)

The Iowa Supreme Court has adopted an emeritus pro bono practice rule (Iowa Court Rule 31.19) that encourages retired or retiring Iowa attorneys, including attorneys licensed in other states, to provide volunteer legal services on behalf of legal aid organizations serving low income persons in Iowa.
Effective immediately

Order and Rule Amendments (323 kb)



In the Matter of New Rule of Civil Procedure (December 6, 2012)

The Iowa Supreme Court has approved the addition of rule 1.1702 to the Iowa Rules of Civil Procedure providing a uniform process for interstate depositions and discovery.

Supervisory Order (157 kb)



In the Matter of Amendments to the Iowa Court Rules (November 8, 2012)

Forms Regarding Appointment of Counsel
Temporarily adopting the attached forms, effective immediately. Forms permanently take effect January 7, 2013.

Supervisory Order and Forms Regarding Appointment of Counsel (294 kb)



In the Matter of Iowa Court Rule 31.16 (Sept. 13, 2012)

Registration of House Counsel
Effective immediately

Order (49 kb)


Chapter 31 (272 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (Sept. 13, 2012)

Chapter 3 of the Iowa Court Rules -- Form 3.27:Verification of Account
Effective immediately

Order (90 kb)


Chapter 3, Form 3.27 (45 kb)



In the Matter of Amendments to the Iowa Court Rules Governing Lawyer Advertising (August 28, 2012)

Effective January 1, 2013

Order and Chapter 32 (1114 kb)



In the Matter of Amendments to Iowa Court Rules 35.17 and 42.1 (August 24, 2012)

Effective immediately

Order, Rule 35.17 and 42.1 (66 kb)



In the Matter of Amendment of Iowa Court Rule 35.1 (August 24, 2012)

Effective immediately

Order, Rule 35.1 (56 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (July 13, 2012)

Effective immediately

Order, Rule 31.11(3), and OPR change to rule 31.12 (119 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (July 5, 2012)

Supervisory Order, Chapter 13 (516 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (June 29, 2012)

Order, Chapter 13 and Forms (1418 kb)



In the Matter of Amendments to Rules of Appellate Procedure (May 21, 2012)

6.1005 Regarding Frivolous Appeals and Withdrawal of Counsel (Including Related Changes to Other Rules)
Effective immediately

Order (147 kb)


Rule 6.1005 (194 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (May 7, 2012)

Chapter 3 of the Iowa Court Rules is rescinded effective July 1, 2012, and revised Chapter 3 is adopted. Until July 1, 2012, parties may use either the current pleadings forms or the new pleadings forms.

Order (129 kb)


Chapter 3 -- Small Claims forms (711 kb)



In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (May 2, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Nunc Pro Tunc (59 kb)


OPR Rules Revisions (Strikethrough version) (4618 kb)


OPR Rules Revisions (Final version) (396 kb)



In the Matter of Amendments to Iowa Court Rule 32:7.4 (March 12, 2012)

The Court adds Veterans Law to the list of fields of practice and specialization.

Order (80 kb)



Iowa Courts Rules

The Chief Justice has signed a supplemental order specifying the effective date of the amendment to Rule 41.3(2)

Supplemental Order (35 kb)



Iowa Court Rules (February 20, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Order (183 kb)


Amendments (10043 kb)


Summary of Amendments (87 kb)

Pages