January 29, 2017 Newsletter

Vol. 8 #2 January 29, 2017

2017 Legislature

It seems as though every new session of the Iowa Legislature brings a bill that will require Iowa Prison Industries to compete with Iowa companies for furniture.  This year is no different.

House Study Bill 49 would amend Iowa Code Section 904.808 to provide that the director of the Department of Administrative Services, rather than the director of the Department of Corrections (current practice) would have the authority to release a state agency from making a purchase from Iowa Prison Industries and allow it to purchase furniture and other items from a private vendor.

“Iowa Prison Industries (IPI) provides work training to the men and women incarcerated at Iowa’s state prisons. More than 90% of offenders in state prison are scheduled to be released, and our job is to teach them how to get and keep a job once they get out. IPI programs help keep our communities safer because offenders with good job skills are less likely to commit new crimes once they are released. Ex-offenders with good job skills are also an important resource for Iowa employers, contributing to the state’s economic development. IPI is 100% self-funding and receives no government appropriations. IPI’s products and services may be purchased only by governmental agencies, school districts, non-profit groups and employees of these organizations.”

Justice Reform Consortium opposes HSB 49 and all other bills that arise each session to diminish the work of IPI.  “Idle hands are the devil’s workshop.”  Proverbs 16:27-29.  We believe that offenders in the many Iowa correctional facilities will be better prepared for release and will stay out of trouble when presented with the opportunity to learn a skill through IPI.

 Valentine’s Day at the Court

On Tuesday, February 14 (Valentine’s Day), the Iowa Supreme Court will hear oral arguments in two separate cases that should be of interest to Justice Reform Consortium readers.  At 9:00 am, the Court will hear arguments in Jacob Lee Schmidt v. State of Iowa.  Immediately following, the Court will hear oral arguments in State of Iowa v. Kelvin Plain, Sr.

The question in Schmidt v. Iowa is whether the Iowa Court of Appeals “erred in holding newly discovered exculpatory evidence (in this case the victim’s recantation) cannot be the basis for postconviction relief when an applicant claiming actual innocence was convicted following a guilty plea rather than a trial.”

The interesting timing of this case coincides with a Supreme Court of the United States (SCOTUS) case, in which the nation’s High Court has relisted Class v. United States, 16-424  for oral arguments at a future date.  The question in Class is “whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction.”

Class presents the question whether a defendant’s unconditional guilty plea waives his right to challenge the constitutionality of his statute of conviction. After U.S. Capitol Police observed petitioner Rodney Class parked illegally outside the U.S. Botanic Garden, Class made a decision almost as fraught with legal consequence as violating parking regulations on the grounds of the Capitol: He admitted having weapons in his car. Police then searched the car and found 256 rounds of ammunition and three handguns (apparently, he brought extras, in case the first two were stolen). Class challenged his prosecution as violating the Second Amendment, but later entered an unconditional guilty plea to unlawfully carrying or heavily readily accessible a firearm on capitol grounds, in violation of Washington, D.C., law. Class renewed on appeal his claim that his prosecution violated his Second Amendment rights, but the U.S. Court of Appeals for the District of Columbia Circuit held, in an unpublished opinion, that unconditionally entering a guilty plea waives the defendant’s claims of error on appeal, including constitutional claims. Class seeks to revisit that determination on appeal, arguing that some courts allow review of constitutional claims notwithstanding an unconditional guilty plea.

http://www.scotusblog.com/2017/01/relist-watch-97/

Amicus curiae (friend of the court) briefs have been filed by the Exoneration Project, The Innocence Network and the Innocence Project of Iowa.

In State v. Plain, Plain alleges several assignments of error, including: 1) denial of his sixth amendment right to a jury panel that represents a fair cross-section of the community; 2) introduction of inadmissible hearsay evidence; 3) denial of his constitutional right to a fair trial due to prosecutor’s repeated use of the term “victim”; 4) trial court abuse of discretion in denying his motion for mistrial; and 5) trial court error in denying his request for a racial bias jury instruction.

Oral arguments are open to the public.  You may also view those oral arguments that occur within the Judicial Building via live streaming and afterwards on YouTube

Oral arguments before the Iowa Supreme Court can be viewed live on the Iowa Courts YouTube channel.

Live streaming is only available during oral arguments. Archived oral arguments from the current adjudicative term are also on the Iowa Courts YouTube channel. A calendar of arguments before the Iowa Supreme Court is posted at: http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Oral_Argument_Schedule/

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UPCOMING EVENTS

IOWANS AGAINST THE DEATH PENALTY

WILL MEET ON February 28, 2017 at 6:30 pm at

Grace United Methodist Church in Des Moines.

3700 Cottage Grove Ave, Des Moines, IA 50311

Dues are a minimum of $15 per year.  Checks may be made out to IADP and sent to:

 

IADP

P.O. Box 782

Des Moines, IA 50303

Those who have not attended a meeting are encouraged to join.  We ask that you include an email address with the submission of your dues.

A tax-deductible gift may be made to the “IADP Fund”, but a contribution to the “Fund” will not make you a member.  Contributions to the IADP Fund” may be sent to the same P.O. Box in Des Moines.

 

 

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Legislative Advocacy Day for the Iowa Annual Conference of the United Methodist Church will be held at Wesley United Methodist Church on Tuesday, February 7.

 

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The next Friends of Iowa Women Prisoners meeting is at noon on Tues., February 21st at Wesley United Methodist Church, 800 East 12th.

 

In February, we welcome members of the Iowa United Methodist Legislative Advocacy Team to share with us what’s happening at the 2017 Legislative session.

 

MISSION:  To bring together and inform individuals and groups concerned about women in the Iowa correctional system and to act on their behalf.

 

FRIENDS OF IOWA WOMEN PRISONERS

PO Box 71272, Clive, IA  50325

email:  fiwp2011@gmail.com

website:  friendsofiowawomenprisoners.org

 

Bring your lunch.  The place and time are consistent throughout the year.  The meetings are always held on the third Tuesday of the month, and always held from noon to 1:00 pm at Wesley United Methodist Church located at 800 East 12th Street in Des Moines.  The location is a block west of East High School.  Please contact Vi for more information.

 

 

 

Voices to be Heard is a support group for families and children of an incarcerated loved one. The group gathers to support and comfort those who know too well the grief that comes to those left behind when someone they love is incarcerated. The group meets on the first and third Tuesdays of the month at Wesley United Methodist Church (800 East 12th St. in Des Moines) from 5:30 – 7:00 p.m.  Potluck begins at 5:30 p.m. meeting begins at 6:00 p.m.  The group brings in speakers, performs outreach, provide support groups and leadership classes.  It is a good idea to contact Alaire Saunders ahead of time because a head count is preferred.  Contact Alaire at 515/954-0039 for more information.

 

Voices to be Heard has formed also in Cedar Rapids.  Please contact:  Voices to be Heard, Voices.Heard@yahoo.com. Sue Hutchins, 252 S. 22nd St., Marion, IA 52302.

 

 

IOWA JUSTICE ACTION NETWORK

LOBBY DAY

 

WEDNESDAY, FEBRUARY 8, 2017

 

9:00 AM UNTIL 1:00 PM

 

9:00 AM       Speaker

Rev. Lee Schott, Women at the Well Ministry, Mitchellville Women’s Facility

 

Rev. Schott will speak on her work with incarcerated women and also on mental health issues related to incarceration.

 

10:00 AM     Briefing on conversations with state legislators

 

10:30 AM     Proceed to State Capitol to speak with legislators

 

Issue priorities:  mental health, sentencing reform, and enhancing community based alternatives to incarceration.

 

11:30 AM     Lunch in Room 116 of the State Capitol (cost – $11.)

 

1:00 PM        Lobby Day ends

 

To register for Lobby Day, please email allen.hays@uni.edu.  Let us know if you will be eating lunch and if you need a vegetarian option. 

 

PLEASE JOIN US TO MAKE OUR VOICES HEARD!

 

 

 

 

Justice Reform Consortium member organizations: ACLU of Iowa; American Friends Service Committee; Beacon of Life; Compassion, Peace, and Justice Taskforce, Des Moines Presbytery; Des Moines Chapter of WILPF; Friends of Iowa Women Prisoners; Iowa Annual Conference, UMC; Iowa CURE; Iowa Coalition 4 Juvenile Justice; Iowa Justice Action Network; Iowa-Nebraska Chapter of the NAACP; Iowa NOW and Des Moines NOW; Methodist Federation for Social Action; National Association of Social Workers; Plymouth Congregational Church, Board of Christian Social Action; Trinity United Methodist Church; Urban Dreams; and Voices to be Heard – Des Moines & Cedar Rapids.

This newsletter published by: Fawkes-Lee & Ryan, Public Policy Advocates http://iowappa.com/

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