GORDON v. STATE

No. 90-1122.

480 N.W.2d 265 (1991)

Kenneth Edmund GORDON, Appellant, v. STATE of Iowa, Appellee.

Court of Appeals of Iowa.

November 26, 1991.


Attorney(s) appearing for the Case

G.A. Cady III of Hobson, Cady & Cady, Hampton, for appellant.

Bonnie J. Campbell, Atty. Gen., Richard J. Bennett and Kevin Struve, Asst. Attys. Gen., for appellee.

Heard by OXBERGER, C.J., and SCHLEGEL and HAYDEN, JJ.


SCHLEGEL, Judge.

In November 1982 Kenneth Gordon was charged with first-degree murder. His neighbor, Ella Janine Loper, was also charged with first-degree murder in connection with the same death.

In his 1983 trial Gordon asserted a defense of diminished capacity due mainly to alcohol and drug intoxication. Before trial he indicated he would like to call Loper as a witness in support of this defense. In fact, he attempted to take a pretrial discovery statement...

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