STATE v. GARDNER

No. 01-1879.

661 N.W.2d 116 (2003)

STATE of Iowa, Appellee, v. Reese Edward GARDNER, Jr., Appellant.

Supreme Court of Iowa.

May 7, 2003.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Robert P. Ranschau, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Cristen C. Odell, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kim Griffith, Assistant County Attorney, for appellee.


TERNUS, Justice.

The judge who presided at the defendant's criminal trial was subsequently listed as a witness in the minutes of testimony filed by the State in support of a habitual violator allegation. The defendant, Reese Gardner, claims the judge's dual roles violated Gardner's due process right to a fair trial and contravened Iowa Rule of Evidence 5.605. Although we discourage the course employed by the prosecution in this case, we conclude the defendant's rights...

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