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STATE v. HRBEK

No. 67902.

336 N.W.2d 431 (1983)

STATE of Iowa, Appellee, v. John Lee HRBEK, Appellant.

Supreme Court of Iowa.

July 20, 1983.

Attorney(s) appearing for the Case

Francis C. Hoyt, Jr., Chief Appellate Defender, and Scott Rosenberg and Fern Shupeck, Asst. Appellate Defenders, for appellant.

Thomas J. Miller, Atty. Gen., Michael K. Jordan, Asst. Atty. Gen., and Joseph Hrvol and Michael Winter, Asst. County Attys., for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER and WOLLE, JJ.

McCORMICK, Justice.

Defendant John Lee Hrbek appeals his conviction by jury and sentences for two counts of first-degree murder based on the shooting deaths of Stanley Fisher and his mother Kate Fisher. The same incident was involved in State v. Chadwick, 328 N.W.2d 913 (Iowa 1983). We find that trial counsel's failure to preserve error on the admissibility of defendant's alleged inculpatory statements was so egregious it denied him his constitutional right...

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