POLLY v. STATE

No. 83-1095.

355 N.W.2d 849 (1984)

Douglas Robert POLLY, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

September 19, 1984.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Joseph P. Weeg, Asst. Atty. Gen., Michael P. Jensen, County Atty., for appellant.

Robert L. Sikma, Sioux City, for appellee.

Considered en banc.


REYNOLDSON, Chief Justice.

Despite his failure to challenge his 1975 murder conviction by direct appeal to this court, petitioner Douglas Robert Polly was granted postconviction relief on June 17, 1983. District court set aside his conviction and ordered a new trial. The State appeals from that decision and we reverse.

April 21, 1975, a Monona County grand jury indicted Polly for his wife's murder. The minutes of testimony disclosed the State had evidence...

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