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STATE v. KONE

No. 95-0811.

562 N.W.2d 637 (1997)

STATE of Iowa, Plaintiff-Appellee, v. Michael J. KONE, Defendant-Appellant.

Court of Appeals of Iowa.

February 26, 1997.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Ahmet S. Gonlubol, Assistant State Appellate Defender, for defendant-appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, John P. Sarcone, County Attorney, and Steve Foritano and Karen Romano, Assistant County Attorneys, for plaintiff-appellee.

Considered by HABHAB, C.J., and CADY and VOGEL, JJ.

HABHAB, Chief Judge.

On September 30, 1996, this court affirmed in part the conviction of defendant Michael J. Kone for second-degree murder of Jeffrey Thomas in violation of Iowa Code sections 707.1 and 707.3 (1993). We retained jurisdiction and remanded the case to the trial court for the limited purpose of specifying how Jana Close's statements in a taped interview met the five requirements of admissibility of hearsay evidence under Iowa Rule of Evidence 803(24...

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