TAYLOR v. STATE

No. 99-1285.

632 N.W.2d 891 (2001)

Francis J. TAYLOR, Jr., Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

September 6, 2001.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Cristen C. Odell and Richard A. Williams, Assistant Attorneys General, for appellant.

Marlyn S. Jensen, Osceola, for appellee.


SNELL, Senior Judge.*

This case involves a question concerning the district court's authority and discretion on limited remand from an appeal in postconviction proceedings. Previously, we granted limited remand and instructed the district court to rule on a pre-existing motion. Thereafter, an amended motion was filed which prompted the court to recuse itself and grant a new trial. Because we feel it was error for the district court to...

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