STATE v. HERNANDEZ-LOPEZ

No. 00-1855.

639 N.W.2d 226 (2002)

STATE of Iowa, Appellee, v. Antonio HERNANDEZ-LOPEZ, Joe Edward Ramirez, and Alberto Ruiz, Appellants.

Supreme Court of Iowa.

January 24, 2002.


Attorney(s) appearing for the Case

Michael J. Jacobsma of Klay, Veldhuizen, Bindner, De Jong & Pals, P.L.C., Orange City, for appellants.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, and Mark J. Schouten, County Attorney, for appellee.


CADY, Justice.

This application for discretionary review provides us with our first opportunity to interpret Iowa's material witness statute. See Iowa Code § 804.11 (1999). Although the issues in this appeal are technically moot, we address a portion of the challenge to the constitutionality of the statute because it is likely to recur yet evade appellate review. On our review, we find the statute survives the substantive and procedural due process facial...

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