STATE v. BESSENECKER

No. 87-04.

404 N.W.2d 134 (1987)

STATE of Iowa, Appellee, v. Clair BESSENECKER, Appellant.

Supreme Court of Iowa.

April 15, 1987.


Attorney(s) appearing for the Case

Chris Odell of Citizen Advocate Office, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., James Smith, Co. Atty., and Harlan Lemon, Asst. Co. Atty., for appellee.

Considered en banc.


SCHULTZ, Justice.

This appeal presents the question whether a prosecuting county attorney may use the criminal history data (rap sheets) of prospective jurors during the jury selection process. The district court held that this use of rap sheets was permissible under Iowa Code sections 692.2(1), (3) and 331.756 (1985). We reverse and remand.

The facts are essentially uncontroverted. Defendant Clair Bessenecker was charged with second-degree theft in violation...

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