JOHNSON v. MILLER

No. 60537.

270 N.W.2d 624 (1978)

Zona JOHNSON, Petitioner, v. Theodore H. MILLER, Judge of the Fifth Judicial District of Iowa, Respondent.

Supreme Court of Iowa.

Rehearing Denied November 17, 1978.


Attorney(s) appearing for the Case

Joseph L. Marks of Marks, Flagg, Hockett & Marks and Gordon E. Allen, Des Moines, for petitioner.

Richard C. Turner, Atty. Gen., and Dan L. Johnston, County Atty., for respondent.

Considered en banc.


HARRIS, Justice.

We granted certiorari to test a local court rule which requires a criminal defendant to give pretrial notice of certain affirmative defenses. We find the rule, properly applied, would not be unconstitutional. We therefore annul the writ.

Petitioner was charged with both possession and delivery of controlled substances in violation of § 204.401, The Code, 1977. In preparing her defense she was confronted with rule 26(f)(7), a local court...

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