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CUNNINGHAM v. NOVAK

No. 66966.

322 N.W.2d 60 (1982)

Malroy CUNNINGHAM, Plaintiff, v. Honorable Joel D. NOVAK, in his Official Capacity Only, Defendant.

Supreme Court of Iowa.

Rehearing Denied August 19, 1982.

Attorney(s) appearing for the Case

Frank G. Wieslander, P. C., Altoona, for plaintiff.

Thomas J. Miller, Atty. Gen., Shirley Ann Steffe, Asst. Atty. Gen., and Dan L. Johnston, Polk County Atty., for defendant.

Considered en banc.

HARRIS, Justice.

We granted certiorari to review the district court's refusal to proceed with a writ of habeas corpus. Cunningham is a defendant in a separate criminal prosecution and sought the writ to test his claim he was granted transactional immunity from that prosecution. The State, on behalf of defendant district court judge, resists here on two grounds. First it is urged that habeas corpus was inappropriate to press the claim. Second, it is urged there could...

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