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STATE v. HOEGH

No. 00-1633.

632 N.W.2d 885 (2001)

STATE of Iowa, Appellant, v. Timothy Karl HOEGH, Appellee.

Supreme Court of Iowa.

September 6, 2001.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, James P. Barry, County Attorney, and Francine O'Brien Andersen, Audubon County Attorney Special Prosecutor, for appellant.

Terrance G. Rutherford and John M. Trewet of Rutherford, Trewet & Knuth, Atlantic, for appellee.

CADY, Justice.

In this appeal brought by the State, we must decide if the district court was authorized to appoint a special prosecutor after the county attorney declined to prosecute a case due to a conflict of interest. The district court dismissed the trial information filed by the special prosecutor after concluding the information had been filed by an unauthorized person because the court had no authority to issue a previous order appointing a special prosecutor...

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