Iowa Supreme Court Decisions 2011

Oyens Feed & Supply, Inc. v. Primebank  
Date: December 30, 2011
Docket Number: 110532

Justia Opinion Summary: A hog producer with outstanding loans to Primebank went deeper into debt by purchasing feed on credit from Oyens Feed & Supply to fatten the hogs to market weight. The hog producer subsequently filed for bankruptcy. Prim...

Iowa Right to Life Comm., Inc. v. Tooker  
Date: December 30, 2011
Docket Number: 111068

Justia Opinion Summary: The Iowa Right to Life Committee (IRTL) filed a complaint in the U.S. district court, alleging, inter alia, that Iowa's campaign finance laws unconstitutionally imposed political committee status on corporations whose ma...

State v. Rodriguez  
Date: December 23, 2011
Docket Number: 081868

Justia Opinion Summary: The State charged Anthony Rodriguez with second-degree sexual abuse, willful injury, and domestic abuse assault. Ultimately, the district court dismissed the case due to a speedy trial rights violation. The court of appe...

Koeppel v. Speirs  
Date: December 23, 2011
Docket Number: 081927

Justia Opinion Summary: Employer secretly installed surveillance equipment in a workplace bathroom. Employee filed a claim for damages against Employer for invasion of privacy and sexual harassment. The district court granted summary judgment f...

Miller v. Speirs  
Date: December 23, 2011
Docket Number: 081957

Justia Opinion Summary: Employer placed a security camera in his workplace to monitor Employee. Employer later installed the camera in the bathroom. Employee and her co-worker discovered the camera and brought suit against Employer for invasion...

MYRON BRANDON, Plaintiff, vs. IOWA DISTRICT COURT FOR HENRY COUNTY
Date: December 16, 2011
Docket Number: 071459
Cedar Rapids Cmty. Sch. Dist. v. Pease  
Date: December 16, 2011
Docket Number: 090724

Justia Opinion Summary: Employee injured her right ankle when she slipped and fell during the course of her employment. Employer later terminated Employee's employment. Employee filed a claim with the workers' compensation commission seeking be...

Oberbillig v. W. Grand Towers Condo. Ass'n  
Date: December 16, 2011
Docket Number: 091097

Justia Opinion Summary: The board of directors of a nonprofit condominium association approved necessary but nonemergency repairs to the association's parking garage without a full vote by its members. The repairs were completed at an amount ei...

State v. Rainsong  
Date: December 16, 2011
Docket Number: 101543

Justia Opinion Summary: The State charged Daniel Rainsong with theft in the first degree, dependent adult abuse and habitual offender. The State alleged Rainsong stole $15,000 each from his mother, a dependent adult who passed away, and her hus...

Pavone v. Kirke  
Date: December 9, 2011
Docket Number: 090222

Justia Opinion Summary: Wild Rose Entertainment and Signature Management Group (SMG) entered into an agreement that delineated the parties' relationship with regard to future state casino projects. After Wild Rose was awarded a gaming license t...

Aguilera v. State  
Date: December 9, 2011
Docket Number: 100354

Justia Opinion Summary: Jose Aguilera was convicted of second-degree murder. In his second application for postconviction relief, Aguilera contended that he was denied due process when the prosecution failed to turn over an Iowa Division of Cri...

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID M. NELSEN
Date: December 9, 2011
Docket Number: 110114
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. STEVEN F. OLSON
Date: December 9, 2011
Docket Number: 111280
State v. Elliott  
Date: December 2, 2011
Docket Number: 090633

Justia Opinion Summary: Matthew Elliott was found guilty by a jury of willful injury causing serious injury and child endangerment resulting in death. The court of appeals affirmed. At issue on appeal was whether the district court erred in all...

Cawthorn v. Catholic Health Initiatives Iowa Corp.  
Date: December 2, 2011
Docket Number: 101013

Justia Opinion Summary: Patient filed suit against Doctor for malpractice and Hospital for negligent credentialing. During trial, Hospital produced Doctor's credentialing file, which was admitted into evidence. The jury returned a verdict in fa...

Freedom Financial Bank v. Estate of Boesen  
Date: November 18, 2011
Docket Number: 090397

Justia Opinion Summary: Husband obtained a purchase-money mortgage from Bank to invest in commercial real estate. Wife's signature was forged in executing the purchase-money mortgage. After Husband's death, Bank attempted to foreclose its mortg...

City of Riverdale v. Diercks  
Date: November 18, 2011
Docket Number: 091670

Justia Opinion Summary: Plaintiff, City of Riverdale, spent sixteen months in district court litigating wither Defendants, several individuals, were entitled to view security camera video of a confrontation with the mayor over earlier records r...

State v. Harrington  
Date: November 4, 2011
Docket Number: 091125

Justia Opinion Summary: Stevie Harrington was sentenced to forty years incarceration after he pled guilty to and was convicted of several drug-related offenses. His sentence included a mandatory sentence enhancement for being in the immediate p...

Bowman v. City of Des Moines Mun. Hous. Agency  
Date: November 4, 2011
Docket Number: 101885

Justia Opinion Summary: Krisha Bowman, a single mother of three minor children, received Section 8 housing assistance for several years. The Des Moines Municipal Housing Agency (DMMHA) later discontinued Bowman's housing assistance based on fiv...

State v. Pals  
Date: October 28, 2011
Docket Number: 090064

Justia Opinion Summary: Randall Pals' vehicle was searched during a traffic stop to investigate an ongoing minor infraction of a municipal ordinance. The police officer discovered marijuana. Pals moved to suppress the evidence, challenging the...

Loehr v. Mettille  
Date: October 28, 2011
Docket Number: 100483

Justia Opinion Summary: Homeowners filed suit against Contractor, asserting claims for defamation and illegal collection practices. After a trial, the jury rejected Homeowners' claims and awarded Contractor damages for its breach of contract co...

Daughenbaugh v. State  
Date: October 21, 2011
Docket Number: 100413

Justia Opinion Summary: Appellant David Daughenbaugh pled guilty to criminal charges in exchange for the State's promise not to oppose Appellant's request for a deferred judgment. The district court accepted Appellant's request for a deferred j...

State v. Tong  
Date: October 21, 2011
Docket Number: 100689

Justia Opinion Summary: Appellant Deng Kon Tong was convicted of being a felon in possession of a firearm in violation of Iowa Code 724.26. The court of appeals affirmed. Appellant appealed, claiming the district court erred in denying his moti...

State v. Rodriguez  
Date: October 21, 2011
Docket Number: 101223

Justia Opinion Summary: Based on his guilty plea, Orlando Rodriguez was convicted for reckless vehicular homicide for an incident in which Rodriguez was an active participant in a drive-away theft of gasoline. Rodriguez was not driving the car...

Evercom Sys., Inc. v. Utils. Bd.  
Date: October 14, 2011
Docket Number: 090427

Justia Opinion Summary: Evercom Systems provided telephone services to inmates in correctional facilities throughout the country. When Evercom billed a customer for collect calls he did not accept, the customer lodged a complaint to the Iowa Ut...

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. THOMAS F. OCHS
Date: October 14, 2011
Docket Number: 110636
State v. Krogmann  
Date: October 7, 2011
Docket Number: 100113

Justia Opinion Summary: Following a jury trial, Robert Krogmann was convicted for attempted murder and willful injury. On appeal, Krogmann contended that (1) the district court erred in granting the State's pretrial request to freeze all his pe...

Lambert v. Dep't of Transp.  
Date: September 30, 2011
Docket Number: 090998

Justia Opinion Summary: In this condemnation case, Plaintiffs brought an action against the Iowa Department of Transportation (IDOT) and the State. IDOT's motion to dismiss was granted. Subsequently, the district court granted summary judgment...

State v. Pearson  
Date: September 30, 2011
Docket Number: 091798

Justia Opinion Summary: Defendant Jesse Pearson, a seventeen-year-old, robbed and beat an elderly man. After he was apprehended, Pearson refused to waive his Miranda rights. The next morning, however, he confessed to his social worker, Marie Ma...

Furnald v. Hughes  
Date: September 30, 2011
Docket Number: 100180

Justia Opinion Summary: Plaintiff brought a personal injury action arising out of an automobile accident then voluntarily dismissed the action eleven days prior to trial in order to further develop expert testimony on the extent of permanent in...

State v. Walker  
Date: September 30, 2011
Docket Number: 100525

Justia Opinion Summary: Defendant Carson Walker was charged with operating a motor vehicle while intoxicated (OWI). After he was arrested, Walker requested to speak to his lawyer. While consulting, Walker and his lawyer talked through an interc...

In re Detention of Johnson  
Date: September 23, 2011
Docket Number: 090500

Justia Opinion Summary: Harold Johnson was found to be a sexually violent predator (SVP) and was civilly committed. At a final hearing, the district court concluded Johnson still possessed a mental abnormality that predisposed him to commit sex...

Quad City Bank & Trust v. Jim Kircher & Assocs., P.C.  
Date: September 23, 2011
Docket Number: 091151

Justia Opinion Summary: A bank attempted to prove an accounting negligence claim by using an expert witness to testify regarding the accountant's audit of a lumber company. The district court refused to allow the expert to testify as to general...

State v. Brubaker  
Date: September 23, 2011
Docket Number: 100828

Justia Opinion Summary: A jury found Defendant Robin Brubaker guilty of operating while intoxicated, fourth offense, and unlawful possession of a prescription drug. On appeal, Defendant contended that the district court erred by denying his mot...

State v. Utter  
Date: September 16, 2011
Docket Number: 091411

Justia Opinion Summary: Judith Utter was charged with supplying alcohol to a person under the legal age. Utter pled guilty to the charge. Subsequently, Utter appealed, arguing her trial counsel provided ineffective assistance by failing to file...

Leo v. First Cmty. Trust, N.A.  
Date: September 16, 2011
Docket Number: 100096

Justia Opinion Summary: An executor brought a cause of action against a bank for failing to obtain approval for investments it made on behalf of the deceased when the deceased was under conservatorship and the bank acted as conservator. The dis...

DeSimone v. State  
Date: September 9, 2011
Docket Number: 090844

Justia Opinion Summary: After a jury trial, David DeSimone was convicted of sexual abuse in the third degree. DeSimone's conviction was affirmed on appeal. DeSimone subsequently filed an application for postconviction relief, asserting that the...

Berry v. Liberty Holdings, Inc.  
Date: September 9, 2011
Docket Number: 100094

Justia Opinion Summary: Employee filed a personal injury lawsuit against a company under common ownership with Employer and ultimately settled the claim. About nine months after the settlement, Employer terminated Employee's employment. Employe...

State v. Redmond  
Date: September 9, 2011
Docket Number: 100431

Justia Opinion Summary: After a jury trial, Raymond Redmond was convicted of indecent exposure. Redmond appealed, contending that the district court abused its discretion by permitting the State to impeach Redmond with his prior first-degree ha...

Lado v. State  
Date: September 2, 2011
Docket Number: 090853

Justia Opinion Summary: Daniel Lado pleaded guilty to dependent adult abuse. Later, Lado filed a pro se petition for postconviction relief that contained a request for appointment of counsel. The district court appointed Lado counsel. After no...

Marshall v. State  
Date: September 2, 2011
Docket Number: 100652

Justia Opinion Summary: While investigating a death by shooting, state police spoke with Justin Marshall, whom the police believed to have information relating to the crime. Because of Marshall's apparent plan to leave the area, the State filed...

In re H.S.  
Date: September 2, 2011
Docket Number: 110305

Justia Opinion Summary: The juvenile court terminated the noncustodial mother's parental rights to two children after finding termination was in the children's best interests. The court of appeals reversed, giving weight to the fact that termin...

Nelson v. City of Hampton  
Date: August 26, 2011
Docket Number: 080563

Justia Opinion Summary: Plaintiffs, landowners, challenged special assessments against their property for public improvements to a residential subdivision made by the city. Plaintiffs argued that the city council's decision to make public impro...

In re Estate of Roethler  
Date: August 19, 2011
Docket Number: 091105

Justia Opinion Summary: During the administration of Ralph Roethler's estate, the executor of the estate did not notify Becky and Kent Lewis that Roethler's will gave the Lewises a first right to purchase eighty acres of farmland. The Lewises l...

State v. Watts  
Date: August 19, 2011
Docket Number: 100760

Justia Opinion Summary: Alan Watts was convicted of possession with the intent to deliver, drug stamp tax violations, and possession of drug paraphernalia. Watts appealed, contending that the district court erred in denying his motion to suppre...

Walker v. State  
Date: August 12, 2011
Docket Number: 090663

Justia Opinion Summary: While an inmate at a correctional facility, Kevin Walker was assaulted by another inmate and was seriously injured. Walker brought a tort claim against the State, a correctional officer, and two activity specialists, cla...

Welch v. Iowa Dep't of Transp.  
Date: August 12, 2011
Docket Number: 102029

Justia Opinion Summary: After Toby Welch was arrested for operating a vehicle while intoxicated, police officers requested a breath specimen to be used for chemical testing. Welch refused the request. After talking to his attorney, however, Wel...

In re Estate of Vajgrt  
Date: August 5, 2011
Docket Number: 101088

Justia Opinion Summary: Bill Ernst gave Johnny Vajgrt permission to enter his property to remove a fallen tree. Vajgrt subsequently uprooted approximately forty live trees on Ernst's property. After Vajgrt died, Ernst filed a claim seeking comp...

Anderson v. State  
Date: July 29, 2011
Docket Number: 090507

Justia Opinion Summary: Michael Anderson, a convicted sex offender, was placed on electric monitoring and home supervision while on probation. After the district court revoked Anderson's probation, the court reinstated the prison terms. Anderso...

Krupp Place 1 Co-op, Inc. v. Jasper County Board of Review  
Date: July 29, 2011
Docket Number: 090654

Justia Opinion Summary: Two corporations organized as multiple housing cooperatives appealed the classification of their real estate as commercial for property tax purposes to the Jasper County Board of Review. The board did not alter the class...

Judicial Branch v. Dist. Court for Linn County  
Date: July 15, 2011
Docket Number: 100163

Justia Opinion Summary: After the district court dismissed criminal charges against J.W., J.W. filed a motion to expunge any information pertaining to the dismissed charges pursuant to Iowa Code 692.17, specifically requesting that the informat...

Dep't of Pub. Safety v. Dist. Court for Polk County  
Date: July 15, 2011
Docket Number: 100985

Justia Opinion Summary: After the district court dismissed a criminal charge against C.R., C.R. filed an application to expunge the dismissed charge pursuant to Iowa Code 692.17. The district court granted the request and held (1) judicial revi...

Annett Holdings, Inc. v. Kum & Go, L.C.  
Date: July 8, 2011
Docket Number: 090905

Justia Opinion Summary: One of the subsidiaries of Annett Holdings was a trucking company that employed Michael Vititoe as a driver. Vititoe was given a Comdata credit card to purchase fuel. Comdata had a written contract with Kum & Go that ena...

State v. Iowa Dist. Court for Webster County  
Date: July 8, 2011
Docket Number: 090982

Justia Opinion Summary: Robert Harkins was convicted of third-degree sexual abuse. While he was incarcerated, Harkins refused to sign a treatment contract assuming responsibility for his offenses in order to participate in the correctional faci...

Pavone v. Kirke  
Date: July 1, 2011
Docket Number: 080180

Justia Opinion Summary: Gerald Kirke and Wild Rose Entertainment (collectively, defendants), entered into an agreement with John Pavone and Signature Management Group (collectively, plaintiffs), stating the ownership and management relationship...

Peak v. Adams  
Date: July 1, 2011
Docket Number: 091471

Justia Opinion Summary: Plaintiff Mark Peak broke his leg while helping Ellis and Rachel Adams move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak in exchange for a release that...

Mulhern v. Catholic Health Initiatives  
Date: June 24, 2011
Docket Number: 081478

Justia Opinion Summary: Elizabeth Von Linden took her life three weeks after she was discharged as an inpatient from defendant Mercy Hospital's psychiatric ward and six days after her outpatient office visit with Mercy's psychiatrist. Von Linde...

State v. Meyers  
Date: June 24, 2011
Docket Number: 081524

Justia Opinion Summary: Appellant Randy Meyers was convicted of lascivious conduct with a minor and sex abuse in the third degree stemming from Meyer's sexual relationship with his seventeen-year-old stepdaughter, Mindy. Meyers appealed, conten...

State v. Keutla  
Date: June 10, 2011
Docket Number: 091412

Justia Opinion Summary: Defendant Anouhak Keutla pled guilty to manufacturing a controlled substance. The district court granted Keutla a deferred judgment and placed her on supervised probation for two years. After a report of probation violat...

State v. Harrington  
Date: June 3, 2011
Docket Number: 082030

Justia Opinion Summary: Defendant Wendell Harrington was convicted of ongoing criminal conduct, first-degree theft, second-degree theft, and three counts of second-degree burglary, all enhanced as a habitual offender. The court of appeals rever...

State v. Derby  
Date: June 3, 2011
Docket Number: 091711

Justia Opinion Summary: Defendant Justin Derby was charged with third-degree burglary, five counts of forgery, and escape from custody. On the morning of trial, Derby presented the district court with an oral motion in limine seeking to exclude...

STATE OF IOWA vs. JEFFREY ALAN SOBOROFF
Date: May 20, 2011
Docket Number: 080623
STATE OF IOWA vs. RICHARD WARREN FANNON
Date: May 20, 2011
Docket Number: 091492
STATE OF IOWA vs. DALEVONTE DAVELLE HEARN
Date: May 13, 2011
Docket Number: 090142
SOULTS FARMS, INC. vs. CHARLES J. SCHAFER vs. SOULTS FARMS, INC.
Date: May 6, 2011
Docket Number: 070744081590081778
STATE OF IOWA vs. RONALD RAY MURRAY, JR.
Date: April 29, 2011
Docket Number: 090195
DANIEL KING vs. STATE OF IOWA
Date: April 22, 2011
Docket Number: 080430
STATE OF IOWA vs. JUSTIN JOSEPH HUTTON
Date: April 15, 2011
Docket Number: 090512
MARK ANGELO CASTRO vs. STATE OF IOWA
Date: April 1, 2011
Docket Number: 090332
STATE OF IOWA vs. DAVID EDWARD BRUCE
Date: March 11, 2011
Docket Number: 090239
STATE OF IOWA vs. THOMAS EDWARD OLSEN
Date: February 18, 2011
Docket Number: 091301
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. BRUCE G. THOMAS
Date: February 18, 2011
Docket Number: 100325
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. CLOVIS BOWLES
Date: February 11, 2011
Docket Number: 101288
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