STATE v. BROWN

No. 85-1321.

400 N.W.2d 74 (1986)

STATE of Iowa, Plaintiff-Appellee, v. David Edgar BROWN, Defendant-Appellant.

Court of Appeals of Iowa.

November 26, 1986.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Michael J. Laughlin, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Joseph P. Weeg, Asst. Atty. Gen., and Phillip L. Krejci, Co. Atty., for plaintiff-appellee.

Considered by SNELL, P.J., and SCHLEGEL and HAYDEN, JJ.


SNELL, Presiding Judge.

On August 7, 1984, the defendant, David Edgar Brown, was charged by trial information with sexual abuse in the third degree. This charge was based upon allegations that Brown had sexually abused his thirty-two year old stepdaughter, Twila McDowell, who suffers from Down's Syndrome. On October 25, 1984, Brown filed a motion in limine requesting the district court to rule that McDowell was incompetent and unqualified to testify due to mental...

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