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KAIN v. STATE

No. 84-1847.

378 N.W.2d 900 (1985)

Jack Glenn KAIN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

December 18, 1985.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, John Messina and Raymond E. Rogers, Asst. Appellate Defenders, for appellant.

Thomas J. Miller, Atty. Gen., Joseph P. Weeg, Asst. Atty. Gen., James A. Smith, Co. Atty., and Suzanne Engman, Asst. Co. Atty., for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, CARTER, and WOLLE, JJ.

CARTER, Justice.

The appellant, Jack Kain (Kain), applied for postconviction relief to challenge the revocation of his probation. The district court denied postconviction relief and Kain has appealed. He contends the revocation of his probation was constitutionally infirm because it was based on evidence which had been obtained by an illegal investigatory stop of an automobile.

In 1981, Kain was convicted of second-degree burglary. He was given a suspended...

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