STATE v. IOWA DIST. COURT

No. 97-577.

568 N.W.2d 505 (1997)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR JOHNSON COUNTY, Defendant.

Supreme Court of Iowa.

Rehearing Denied September 18, 1997.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, and J. Patrick White, County Attorney, for plaintiff.

Joseph C. Johnston of Johnston, Potterfield & Nathanson, P.C., Iowa City, for defendant.

David Welu and Joseph P. Weeg, Des Moines, for amicus curiae Iowa County Attorneys Association, Inc.

Jay Shaw, Iowa City, pro se, amicus curiae.

Considered en banc.


HARRIS, Justice.

We granted a writ of certiorari to review district court orders directing a grand jury to investigate a shooting death caused by a police officer, disqualifying the county attorney, and appointing a special prosecutor. We conclude the orders exceeded the court's authority and sustain the writ.

Although it serves as background, the question before us is not whether criminal charges should be pressed against the officer involved in this tragedy...

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