CITY OF CEDAR RAPIDS v. ATSINGER

No. 98-1066.

617 N.W.2d 272 (2000)

CITY OF CEDAR RAPIDS, Iowa, Appellee, v. Edward G. ATSINGER III, Appellant.

Supreme Court of Iowa.

Rehearing Denied October 10, 2000.


Attorney(s) appearing for the Case

Kevin P. Shea of Shea Law Offices, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, and Bruce Kempkes, Assistant Attorney General, for appellee.

Considered en banc.


CARTER, Justice.

Edward G. Atsinger III, a motorist convicted of driving at an excessive speed in violation of an ordinance of the City of Cedar Rapids, challenges the uniform citation and complaint on which the charge was brought. He urges that the complaint was not an "information under oath," as required by article I, section 11 of the Iowa Constitution. For reasons discussed in this opinion, we agree with Atsinger's contention and reverse the conviction entered...

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