MARSHALL v. STATE

No. 96-349.

559 N.W.2d 612 (1997)

Tina MARSHALL, Appellant, v. STATE of Iowa Department of Human Services, Appellee.

Supreme Court of Iowa.

February 19, 1997.


Attorney(s) appearing for the Case

William Bauer of Bauer, Schulte, Hahn, Swanson & Brown, Burlington, for appellant.

Thomas J. Miller, Attorney General, Diane M. Stahle, Special Assistant Attorney General, and Stephen Robinson, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and LAVORATO, JJ.


HARRIS, Justice.

The trial court held that the law applicable in this case demands a harsh result. The remedy accorded to the State initially does seem excessive. To his considerable credit, the assistant attorney general, as appellate counsel, tendered a lesser remedy that we feel obliged to reject. We agree with the trial court that incorrect information on a public benefits application rendered all benefits subject to recoupment by the State.

The petitioner...

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