Iowa Wrongful Death Lawyer category
1State pays $50,000 to bicyclist’s family
28 September 2008
State officials have agreed to pay $50,000 to the family of a bicycle rider who died on a Crawford County road in 2004 during the Register’s Annual Great Bicycle Ride Across Iowa.
Crawford County officials last year paid a $350,000 settlement to the family of Kirk A. Ullrich, 49, of Davenport, who was killed while descending a hill on County Road E-16. His family had sought an additional $1.6 million from state officials until agreeing in August to accept $50,000 to end their lawsuit, state records show.
The state’s payment is expected to be ratified on Friday by the State Appeals Board, which considers claims made against the state, state officials said Tuesday. The Iowa attorney general’s office has already approved the settlement, said Bob Brammer, a spokesman for Attorney General Tom Miller.
Ullrich was thrown from his bicycle after hitting a center-line crack on the county road. His widow, Betty Jo Ullrich, and their two daughters, asserted wrongful death claims.
Scott County District Judge Charles Pelton in July rejected the state’s request that the plaintiff’s lawsuit be dismissed. He said a factual question remained whether state troopers’ involvement with RAGBRAI was sufficient to create a special relationship between RAGBRAI bicyclists and the state. Such a relationship would open the state to liability.
2Court upholds 42-year sentence for highway sniper
20 September 2008
INDIANAPOLIS — The Indiana Court of Appeals has ruled a Gaston teen who shot and killed a driver from a highway overpass should serve his 42-year prison sentence.
An attorney for 19-year-old Zachariah Blanton had appealed the sentence as inappropriate, arguing that the shooting “was a more or less routine act of manslaughter, if such a thing is said to exist.”
But in an eight-page ruling, the court disagreed, noting that the shooting terrorized drivers who had done nothing to make Blanton angry, and the trial court was free to consider that as an aggravating factor in his sentence.
“The harm to the motoring public is inherent to this offense — randomly and intentionally shooting at cars with a rifle from a highway overpass creates a public fear beyond that of the ‘ordinary’ manslaughter in which the victim is at least associated with creating the sudden heat that results in the death,” the court wrote in its ruling Thursday.
On July 23, 2006, Blanton — then 17 years old — fired his hunting rifle into Interstate 65 traffic from an overpass near Seymour, about 60 miles south of Indianapolis, killing 40-year-old Jerry L. Ross of New Albany. An Iowa man traveling in another pickup truck also was injured.
Hours later, Blanton fired on two vehicles in Delaware County. One was unoccupied and he did not strike anyone in the other vehicle.
Blanton pleaded guilty in December to charges of voluntary manslaughter and criminal recklessness. With credit for good behavior and for time served in the Jackson County jail, however, Blanton could be granted his release in about 20 years — at which point he would still be younger than Jerry Ross was at the time of his death, Ross’s twin brother noted at the time of the sentencing, adding “He shouldn’t be allowed to live that part of his life free.”
The defense said that Blanton had fired at Ross’ pickup truck in a sudden heat of anger following an emotional clash with relatives during a deer hunt.
Blanton’s attorney, Alan Wilson, also argued among other things that the judge improperly considered Blanton’s lack of remorse because the court record did not support such a finding. But the Court of Appeals found that the record did not mention remorse because Blanton never expressed any, and noted that he bragged about his crime while he was in jail.
Ross’s family in January filed a Iowa wrongful death lawsuit, ……..
3System for handling mental illness needs scrutiny
16 September 2008
When the federal grant supporting Dubuque County’s Jail Diversion Program ended, the community was supposed to pick up the slack in meeting the needs of the mentally ill in the criminal justice system. Some of those solutions have worked pretty well. But there are gaps that could prove dangerous to individuals and expose the county to risk.
During the three years that the county had the grant, mental health professionals and substance abuse counselors worked with police and sheriff’s officials. In the first six months, jail diversion staff assisted 275 times with 207 different people, getting help for individuals instead of placing them in jail. All stakeholders had positive things to say about the collaborative effort.
That’s a tough act to follow when the funding goes away.
The federal grant had provided $300,000 per year for the program. When it came to an end in 2006, it coincided with another blow to the mental health community: the Gannon Center closed. Dubuque County Supervisors allotted $72,000 for a community treatment coordinator to keep the system working. No matter how good that coordinator is at his job, it is impossible for one person to take on the entire program.
Nathan Duccini, the corrections department coordinator, said he has seen nearly 100 clients since February 2007, and kept nearly all of them out of jail. That’s a great start, but putting one person on this problem is like trying to cover up 10 kids with a baby blanket. It just can’t stretch far enough.
The big issue here is that mentally ill individuals don’t belong in the county jail. They tend to not function well there and law enforcement officials are not equipped to deal with the individualized regimens that can help keep mentally ill patients stable. And yet, about a third of Iowa’s prison inmates are mentally ill, according to a 2006 report by the Iowa Department of Corrections. As many as half of the female inmates have some mental illness diagnosis.
4State pays $50,000 to bicyclist’s family
6 September 2008
State officials have agreed to pay $50,000 to the family of a bicycle rider who died on a Crawford County road in 2004 during the Register’s Annual Great Bicycle Ride Across Iowa.
Crawford County officials last year paid a $350,000 settlement to the family of Kirk A. Ullrich, 49, of Davenport, who was killed while descending a hill on County Road E-16. His family had sought an additional $1.6 million from state officials until agreeing in August to accept $50,000 to end their lawsuit, state records show.
The state’s payment is expected to be ratified on Friday by the State Appeals Board, which considers claims made against the state, state officials said Tuesday. The Iowa attorney general’s office has already approved the settlement, said Bob Brammer, a spokesman for Attorney General Tom Miller.
Ullrich was thrown from his bicycle after hitting a center-line crack on the county road. His widow, Betty Jo Ullrich, and their two daughters, asserted wrongful death claims.
5Court upholds 42-year sentence
27 August 2008
An attorney for 19-year-old Zachariah Blanton had appealed the sentence as inappropriate, arguing that the shooting “was a more or less routine act of manslaughter, if such a thing is said to exist.”
But in an eight-page ruling, the court disagreed, noting that the shooting terrorized drivers who had done nothing to make Blanton angry, and the trial court was free to consider that as an aggravating factor in his sentence.
“The harm to the motoring public is inherent to this offense — randomly and intentionally shooting at cars with a rifle from a highway overpass creates a public fear beyond that of the ‘ordinary’ manslaughter in which the victim is at least associated with creating the sudden heat that results in the death,” the court wrote in its ruling Thursday.
6UIHC sued in death
24 August 2008
An Iowa family filed a lawsuit Monday, alleging staff members at the UI Hospitals and Clinics caused the death of their daughter, the third lawsuit of its kind this year.
Larry and Janice Kaberle of Rowley, Iowa, alleged in the suit that their daughter, Lisa Kaberle Zahina, died due to “complications of myocarditis” in 2005, only days after she was discharged from UIHC.
The family’s attorney, Larry Helvey of Cedar Rapids, wrote in the suit that Kaberle Zahina, 24 at the time, was admitted to UIHC on May 14, 2005, complaining of a headache, chest discomfort, a rapid heart beat, and shortness of breath. She was eventually diagnosed with myocarditis - the inflammation of a muscular substance of the heart.
On July 1, 2005, Kaberle Zahina was allegedly told at a follow-up appointment at UIHC that her myocarditis was resolved.
Three days later, she was admitted to Virginia Gay Hospital in Vinton, Iowa, the lawsuit read, complaining of dizziness, a headache, nausea, and vomiting. She died later that day.
An autopsy performed at UIHC the next day “listed her cause of death as complications of myocarditis,” according to the petition.
7UIHC sued in death
14 August 2008
An Iowa family filed a lawsuit Monday, alleging staff members at the UI Hospitals and Clinics caused the death of their daughter, the third lawsuit of its kind this year.
Larry and Janice Kaberle of Rowley, Iowa, alleged in the suit that their daughter, Lisa Kaberle Zahina, died due to “complications of myocarditis” in 2005, only days after she was discharged from UIHC.
The family’s attorney, Larry Helvey of Cedar Rapids, wrote in the suit that Kaberle Zahina, 24 at the time, was admitted to UIHC on May 14, 2005, complaining of a headache, chest discomfort, a rapid heart beat, and shortness of breath. She was eventually diagnosed with myocarditis - the inflammation of a muscular substance of the heart.
On July 1, 2005, Kaberle Zahina was allegedly told at a follow-up appointment at UIHC that her myocarditis was resolved.
Three days later, she was admitted to Virginia Gay Hospital in Vinton, Iowa, the lawsuit read, complaining of dizziness, a headache, nausea, and vomiting. She died later that day.
8Iowa wrongful death
11 August 2008
FERNLEY–At a Candidates Night forum held in Fernley, three candidates vying for the Third Judicial District Court, Department 1 judge post told the audience of their knowledge and views of the judicial system.
At next Tuesday’s primary election, voters will have an opportunity to vote for, incumbent Judge David Huff, Jack Kennedy or Art Mallory.
The top two candidates will advance to the General Election in November.
“¢David Huff (incumbent): Huff has been on the bench for nearly 12 years. He grew up in Iowa and he is the youngest of ten children. Huff attended Iowa University and also Iowa Law School.
He said, with ten children to feed and clothe his family didn’t have a lot of money so he worked his way through college and law school.
Upon graduating from law school in 1965, he joined the Navy and was commissioned in the Judge Advocate General’s (JAG) Corps and spent 20 years as an officer in that branch.
After serving a tour in Vietnam, Huff retired at NAS Fallon, where he went on to open a private practice for 10 years.
Then in 1996 when former District Court Judge, Mario Recanzone decided not to seek another term, Huff ran for the post.
While serving as a district judge, Huff said he pursued further education and attended various legal continuing education and also classes at the National Judicial College at the University of Nevada, Reno. He will soon complete a masters degree in judicial studies from UNR.
Huffs legal background includes 43-years in both civil and criminal law.
He served on the Judicial Discipline Commission and currently serves on the Standing Committee for Judicial Ethics and Election Practices, as well as the Ethics and Indigent Defense Commission, which he said was a commission appointed by the Supreme Court to examine the way courts provide attorney’s for indigent defendants.
Huff said in closing that he’s done a good job on the bench, adding, “There is a learning curve when you become a judge. Experience counts and I can do the job.”
“¢Jack Kennedy: The Fernley man encouraged voters to get involved and look particular at the candidates seeking judicial positions, saying, “The judicial office is the most significant one to keep the balance of power between the legislative and executive branches. The judicial is the last ditch effort to make sure we have fairness in the system.”
Kennedy said he is seeking the Department 1 judge seat because he has had the benefit of operating a “successful practice in northern Nevada (Reno) for more than 30 years,” and that he wants to give back “not only to the profession but to the community.”
Kennedy went on to say he understands the benefits of operating a business efficiently and “using the available technology to reduce unnecessary expenditures,” which he said “saves both time and financial resources.”
He went on to say he chose Department 1 because the motions before the court need to move quicker than they have in the past, adding, “Justice delayed is justice denied.”
Kennedy said he has a board base of legal experience ranging from employment law, wrongful death, personal injury, and real estate, to business law.
He continued saying that in family law he learned mediation and the use of a third party finds out what is in the best interest of the child, saying, “It needs to be utilized, we’re not using it in Department 1. I’ll change that.”
Kennedy continued, “We also have to make the system faster, better, and cheaper,” saying he would use “Mediation status conferences that are directed by the judge as opposed to non-participation.”
He continued if elected he would use electronic filing, which is used in the federal court and noted such procedures were ordered by the Supreme Court in December 2006, but it has not been initiated.
“I’m here to improve the system,” said Kennedy.
9CIETC outrage not near end
4 August 2008
Lawyers in the CIETC civil lawsuit agreed Thursday on an August 2010 trial date, which sets the stage for at least two more years of legal battles over roughly $1.5 million in taxpayer money allegedly misspent by former job-training executive Ramona Cunningham and others.
“There are a lot of different issues, and there are a lot of people in the case that weren’t in the case before,” said Leon Spies, attorney for former Iowa Workforce Development executive Jane Barto, one of those accused in the case. “I think the blister continues to fester.”
10Legal group in Iowa aims to review convictions
29 July 2008
The odds of a judge overturning a murder conviction in Iowa are minute, but a handful of lawyers are out to change that.
The lawyers have created the state’s first innocence project to investigate alleged cases of wrongful conviction. The all-volunteer effort promises to increase the chances that more Iowa inmates will be exonerated for crimes they didn’t commit, national experts say.
“There’s no question that we have more of these cases now - there have been more than 1,300 documented exonerations in the U.S. going back to the 1800s,” said Rob Warden, who heads one of the country’s most successful innocence projects at Northwestern University. “Before we had modern science, they were rare. Now with DNA evidence and more innocence projects, they are much more common.”
One case in Iowa that doesn’t involve DNA but has the potential for a first-degree murder conviction being overturned is that of David Flores. Des Moines police admitted in court this month that they did not give Flores’ lawyers a 1996 FBI report in which another man was named a suspect in the shooting death of bank executive Phyllis Davis.
Flores has served 12 years in prison. He is expected to have a hearing next month at which Polk County District Judge Don Nickerson will be asked to decide whether Flores’ conviction should be vacated because the evidence that was withheld could have changed the outcome of his trial.