OSBORN v. STATE

No. 94-684.

573 N.W.2d 917 (1998)

Jerry Lee OSBORN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied March 18, 1998.


Attorney(s) appearing for the Case

David McCord, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Julie H. Brown, Assistant Attorney General, William E. Davis, County Attorney, and Realff Ottesen, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


HARRIS, Justice.

This appeal from a district court decree denying postconviction relief presents a classic conflict between two basic rights. One is the fundamental constitutional right to a fair trial. Under the facts here a claim that this right was violated is confronted by society's right to finality in criminal prosecutions. We find that the postconviction plaintiff waived his present fair-trial challenge by not raising it during his prior direct appeal. We affirm...

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