STATE v. DOWELL

No. 62727.

297 N.W.2d 93 (1980)

STATE of Iowa, Appellee, v. David James DOWELL, Appellant.

Supreme Court of Iowa.

September 17, 1980.


Attorney(s) appearing for the Case

Michael J. Schilling, Burlington, for appellant.

Thomas J. Miller, Atty. Gen., Shirley Steffe, Asst. Atty. Gen., and Harold R. Shortenhaus, Asst. Des Moines County Atty., for appellee.

Considered en banc.


McCORMICK, Justice.

The question here is whether a person arrested for an alleged parole violation has a right to have the proceedings against him dismissed with prejudice when the arresting officer does not take him "before a magistrate without unnecessary delay for an initial appearance" as required by § 908.2, The Code. We granted discretionary review of a magistrate's order overruling defendant David James Dowell's motion to dismiss alleging such a right...

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