STATE v. RUESGA

No. 98-2071.

619 N.W.2d 377 (2000)

STATE of Iowa, Appellee, v. Jose Dario RUESGA, Appellant.

Supreme Court of Iowa.

November 16, 2000.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John P. Sarcone, County Attorney, and Nan Horvat and Melodee Hanes, Assistant County Attorneys, for appellee.

Considered en banc.


NEUMAN, Justice.

Defendant, Jose Dario Ruesga, was convicted in 1992 of felony child endangerment and willful injury for unspeakable child abuse inflicted on four-year-old Jonathan Waller. Jonathan survived in a fragile state for nearly six more years but, upon his death, the State charged Ruesga with first-degree murder. Ruesga now seeks to reverse the conviction entered upon the jury's guilty verdict. He claims entitlement to a rule at common law that prevented...

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