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LaBAYRE v. STATE OF IOWA

No. 96-1399NI.

97 F.3d 1061 (1996)

Allen D. LaBAYRE, Appellant, v. STATE OF IOWA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 7, 1996.

Attorney(s) appearing for the Case

Stephen A. Swift, argued, Cedar Rapids, IA, for appellant.

Thomas D. McGrane, argued, Des Moines, IA (Thomas J. Miller, on the brief), for appellee.

Before FAGG, BEAM, and MURPHY, Circuit Judges.

FAGG, Circuit Judge.

The State of Iowa charged Allen D. LaBayre with two counts of second-degree sexual abuse for the oral and anal rapes of his girlfriend's two young sons over a two-year period. Before LaBayre's 1988 trial, the State filed a motion to present the boys' testimony on closed circuit television under Iowa Code § 910A.14(1) (1987). After an evidentiary hearing, the trial court granted the motion. Although the younger boy did not testify at LaBayre...

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