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DESIMONE v. STATE

No. 09-0844.

803 N.W.2d 97 (2011)

David R. DESIMONE, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

September 9, 2011.

Attorney(s) appearing for the Case

Mark R. Lawson, Maquoketa, for appellant.

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Matthew Remissong, Student Legal Intern, Michael L. Wolf, County Attorney, and Ross J. Barlow, Assistant County Attorney, for appellee.

WIGGINS, Justice.

In this appeal, we must decide if the State's failure to turn over a witness's timecard showing that the witness could not possibly have seen the events to which she testified constitutes a Brady violation.1 In the postconviction relief action, the district court found no violation occurred. On appeal, the court of appeals affirmed the judgment of the district court....

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