SCARBERRY v. STATE OF IOWA

No. 05-1715.

430 F.3d 956 (2005)

Ronald R. SCARBERRY, Appellee, v. STATE of Iowa, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 29, 2005.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas W. Andrews, AAG, of Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Unes J. Booth of Osceola, IA.

Before ARNOLD, BOWMAN, and MURPHY, Circuit Judges.


BOWMAN, Circuit Judge.

The state of Iowa appeals from the decision of the District Court granting, on Sixth Amendment grounds, a writ of habeas corpus, 28 U.S.C. § 2254, to Ronald Russell Scarberry. We reverse.

On June 22, 1998, Scarberry was driving a car in Warren County, Iowa, at one o'clock in the morning when he was stopped by the highway patrol for speeding. The car belonged to Scarberry's passenger and employee, Randy Fry. Both Fry and Scarberry...

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