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STATE v. DUNCAN

No. 87-1173.

435 N.W.2d 384 (1988)

STATE of Iowa, Plaintiff-Appellee, v. Fredrick DUNCAN, Defendant-Appellant.

Court of Appeals of Iowa.

November 29, 1988.

Attorney(s) appearing for the Case

Raymond E. Rogers, Acting Chief Appellate Defender and John Burns, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Pamela Greenman Dahl, Asst. Atty. Gen., and John P. Heithoff, Asst. County Atty., for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SACKETT, JJ.

SACKETT, Judge.

We address defendant's claim on direct appeal that he was denied effective assistance of trial counsel because his attorney was ethically precluded from effective cross-examination of a material State's witness because defendant's attorney had represented the witness in a recent criminal action and was foreclosed from certain areas of cross-examination because of the witness's refusal to waive the attorney...

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