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Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case

Article • May 7, 2018 • from PLN May, 2018

Filed under: Disciplinary Litigation, Sanctions (Disciplinary Hearings), False Charges (Disciplinary Hearings), Disciplinary Appeals

Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case by Matthew Clarke by Matt Clarke In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. …

Iowa v. Henderson, IA, Opinion, Weapon Intent, 2018

Brief • March 9, 2018

Filed under: Firearms, Imprisonment, Wealth

Iowa v. Henderson, IA, Opinion, Weapon Intent, 2018 IN THE SUPREME COURT OF IOWA No. 16–0575 Filed March 9, 2018 STATE OF IOWA, Appellee, vs. K’VON JAMES HENDERSON, Appellant. On review from Iowa Court of Appeals. Appeal from the Iowa District Court for Black Hawk County, George Stigler, Judge. A …

Magana v. Iowa, IA, Appeal, Post-Conviction Relief, 2018

Brief • February 23, 2018

Filed under: Appointment of Counsel, Sixth Amendment, Effective Assistance of Counsel

Magana v. Iowa, IA, Appeal, Post-Conviction Relief, 2018 IN THE SUPREME COURT OF IOWA No. 16–1938 Filed February 23, 2018 FRANCISCO VILLA MAGANA, Appellant, vs. STATE OF IOWA, Appellee. Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge. An applicant for postconviction relief seeks further review …

Iowa v. Jepsen, IA, Appeal, Sentencing Guidelines, 2018

Brief • February 16, 2018

Filed under: U.S. Sentencing Guidelines, Fourteenth Amendment, rights, Fifth Amendment, Appeals/Appellate Jurisdiction

Iowa v. Jepsen, IA, Appeal, Sentencing Guidelines, 2018 IN THE SUPREME COURT OF IOWA No. 16–0203 Filed February 16, 2018 STATE OF IOWA, Appellee, vs. CHRISTOPHER SCOTT JEPSEN, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Crawford County, Steven J. Andreasen, Judge. …

Iowa v. Mulatillo, IA, Appeal, Right to Counsel, 2018

Brief • February 16, 2018

Filed under: Sixth Amendment, Appeals/Appellate Jurisdiction, Counsel - Right to

Iowa v. Mulatillo, IA, Appeal, Right to Counsel, 2018 IN THE SUPREME COURT OF IOWA No. 16–1994 Filed February 16, 2018 STATE OF IOWA, Appellee, vs. CARLOS RAMON MULATILLO, Appellant. Appeal from the Iowa District Court for Wapello County, Annette J. Scieszinski, Judge. A criminal defendant appeals the district court …

Iowa v. Ness, IA, Appeal, Error in Admission of Evidence, 2018

Brief • February 9, 2018

Filed under: Breathalyzer Tests, Authencity/Authentication, Fourth Amendment

Iowa v. Ness, IA, Appeal, Error in Admission of Evidence, 2018 IN THE SUPREME COURT OF IOWA No. 17–0476 Filed February 9, 2018 STATE OF IOWA, Appellee, vs. JOHN WILLIAM NESS, Appellant. Appeal from the Iowa District Court for Woodbury County, Timothy Jarman, District Associate Judge. The defendant appeals his …

Iowa v. Lopez, IA, Appeal, Ineffective Counsel 2018

Brief • February 2, 2018

Filed under: Appointment of Counsel, First Amendment, rights, Sixth Amendment, Ineffective Assistance of Counsel

Iowa v. Lopez, IA, Appeal, Ineffective Counsel 2018 IN THE SUPREME COURT OF IOWA No. 16–1213 Filed February 2, 2018 STATE OF IOWA, Appellee, vs. JOSE WILLFREDO LOPEZ, Appellant. Appeal from the Iowa District Court for Buchanan County, Linda M. Fangman, Judge. A criminal defendant appeals his conviction for indecent …

Slinker v. Grundy County, IA, Complaint, Jail Suicide, 2018

Brief • January 5, 2018

Filed under: Medication, Eighth Amendment, Jail Specific, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, First Amendment, rights, Fourth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

Slinker v. Grundy County, IA, Complaint, Jail Suicide, 2018 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION EARL SLINKER, individually and as Personal Representative of the ESTATE of JARED SLINKER, deceased, and as next friend of C.K.S., W.J.S. I, and W.J.S. II, Case No.: _________________ …

Iowa Federal Court: Moorish Temple Prisoners Have Right to Celebrate Ramadan

Article • January 3, 2018

Filed under: Religious Freedom, Denial of Religious Services, Religious Practices

Iowa Federal Court: Moorish Temple Prisoners Have Right to Celebrate Ramadan by On August 12, 2014, an Iowa federal court held that Moorish Science Temple prisoners have the same right to celebrate Ramadan as Islamic prisoners approved by the Muslim prison chaplain. The court also approved attorney fees of $3,800 …

Barajas v. USA, IA, Opinion, Deportation, Ineffective Counsel, 2017

Brief • December 5, 2017

Filed under: Appointment of Counsel, Immigration, Firearms

Barajas v. USA, IA, Opinion, Deportation, Ineffective Counsel, 2017 United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1680 ___________________________ Roberto Barajas lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux …

Iowa v. Scheffert, IA, Appeal, No Probable Cause, 2017

Brief • November 17, 2017

Filed under: Fourth Amendment, rights, Probable/Proximate Cause, Reasonable Suspicion, Traffic Stops

Iowa v. Scheffert, IA, Appeal, No Probable Cause, 2017 IN THE SUPREME COURT OF IOWA No. 16–0267 Filed November 17, 2017 STATE OF IOWA, Appellee, vs. MICHAEL SCHEFFERT, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Black Hawk County, Joseph M. Moothart …

State of Iowa v. White, IA, Appeal Brief, Juvenile Sentencing, 2017

Brief • October 27, 2017

Filed under: Sentencing, Parole, Juvenile Prisons, Juvenile Offenses/Offenders

State of Iowa v. White, IA, Appeal Brief, Juvenile Sentencing, 2017 IN THE SUPREME COURT OF IOWA No. 15–0829 Filed October 27, 2017 STATE OF IOWA, Appellee, vs. KHASIF RASHEED WHITE, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Jeffrey …

State of Iowa v. Clemens, IA, Appeal Brief, Aggravated Misdemeanors, 2017

Brief • October 27, 2017

Filed under: Misdemeanors and Petty Offenses, Statutory Construction/Interpretation, Physical Force, Use of

State of Iowa v. Clemens, IA, Appeal Brief, Aggravated Misdemeanors, 2017 IN THE SUPREME COURT OF IOWA No. 16–2087 Filed October 27, 2017 STATE OF IOWA, Appellee, vs. BRIAN PATRICK CLEMENS, Appellant. Appeal from the Iowa District Court for Mahaska County, Randy DeGeest, Judge. An individual appeals the denial of …

Vroegh v. Iowa Department of Corrections, et al., IA, amended petition, jury demand, transgender nurse discrimination, 2017

Brief • October 5, 2017

Filed under: Guards/Staff, Discrimination (Transgender)

Vroegh v. Iowa Department of Corrections, et al., IA, amended petition, jury demand, transgender nurse discrimination, 2017 E-FILED 2017 OCT 05 10:16 PM POLK - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY * * * Plaintiff, * * v. * * * IOWA …

Lawful Sudanese Immigrant Receives $60,000 Settlement for Five Days Unlawful ICE Detention

Article • September 13, 2017

Filed under: Wrongful Imprisonment, Immigration

Lawful Sudanese Immigrant Receives $60,000 Settlement for Five Days Unlawful ICE Detention by Lonnie Burton by Lonnie Burton On November 2, 2004, U.S. District Judge Charles K. Wolff of the U.S. District Court for the Southern District of Iowa, signed an order approving the settlement in, and dismissing, a case …

Iowa Supreme Court Upholds Automatic Disenfranchisement for all Felony Convictions

Article • August 30, 2017 • from PLN September, 2017

Filed under: Voting

Iowa Supreme Court Upholds Automatic Disenfranchisement for all Felony Convictions by Matthew Clarke by Matt Clarke In a June 30, 2016 opinion, the Iowa Supreme Court held that all felonies were “infamous crimes” under the voter disqualification provision of the state’s constitution. Kelli Jo Griffin was convicted of the class …

No Right to Private Attorney Call for Iowa DUI Arrestee Prior to Consent to Breathalyzer Test

Article • August 22, 2017

Filed under: Drug Testing, Attorney Calls

No Right to Private Attorney Call for Iowa DUI Arrestee Prior to Consent to Breathalyzer Test by Lonnie Burton by Lonnie Burton On June 24, 2016, the Supreme Court of Iowa rejected the appeal of man who claimed his Sixth Amendment right to counsel was violated when he was denied …

Iowa: Lawsuit Against Halfway House Over Attack by Resident Dismissed

Article • June 30, 2017 • from PLN July, 2017

Filed under: Murder by Parolees

Iowa: Lawsuit Against Halfway House Over Attack by Resident Dismissed by Christopher Zoukis by Christopher Zoukis The Eighth Circuit of Appeals has upheld the dismissal of a lawsuit filed against an Iowa halfway house and several state officials over injuries caused by a halfway house resident. Tamela Montgomery alleged that …

Iowa Prisoner Awarded $1,000 for Jail Beating

Article • May 5, 2017 • from PLN May, 2017

Filed under: Failure to Protect (General), Eighth Amendment

Iowa Prisoner Awarded $1,000 for Jail Beating by A late December 2016 decision by the Board of Supervisors for Black Hawk County, Iowa not to appeal a federal judge’s ruling paved the way for a $1,000 judgment won by a prisoner who was beaten by other prisoners. James Robert Ernst …

Flora v. SW IA Narcotics Enforcement Task Team, IA, Order, Traffic Stop and Seizure, 2017

Brief • February 13, 2017

Filed under: Police Misconduct, Money/Property, Police, Traffic stop, Police State-Surveillance

Flora v. SW IA Narcotics Enforcement Task Team, IA, Order, Traffic Stop and Seizure, 2017 Case 1:16-cv-00002-JEG-SBJ Document 50 Filed 02/13/17 Page 1 of 30 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA WESTERN DIVISION PHILLIP ANTHONY FLORA, Plaintiff, v. SOUTHWEST IOWA NARCOTICS ENFORCEMENT TASK TEAM, BRIAN MILLER, …