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McGHEE v. POTTAWATTAMIE COUNTY, IOWA

Nos. 07-1453, 07-1524.

547 F.3d 922 (2008)

Curtis W. McGHEE, Jr., Appellee, v. POTTAWATTAMIE COUNTY, IOWA; Joseph Hrvol; David Richter, Appellants. Terry Harrington, individually and in his capacity as the father of Nicole Antoinette Harrington, Appellee, v. County of Pottawattamie, Iowa; David Richter, in his individual and official capacities; Joseph Hrvol, in his individual and official capacities, Appellants. Curtis W. McGhee Jr., Appellee, v. Matthew Wilber, Appellant, Terry Harrington, individually and in his capacity as the father of Nicole Antoinette Harrington, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 21, 2008.

Attorney(s) appearing for the Case

Stephen Sanders, argued, Chicago, IL, Robert M. Livingston, on the brief, Council Bluffs, IA, for appellant.

Mel C. Orchard, argued, Jackson, WY, Stephen D. Davis, Chicago, IL, Gary L. Spence and Larissa A. McCalla, Jackson, WY, Thomas P. Frerichs, Waterloo, IA, on the brief, for appellees.

Before RILEY, TASHIMA, and SMITH Circuit Judges.

RILEY, Circuit Judge.

In 1978, Curtis W. McGhee Jr. (McGhee) and Terry Harrington (Harrington) were convicted of murdering John Schweer, a retired police department captain who was working as a security guard. McGhee and Harrington were each sentenced to life imprisonment. In 2002, the Iowa Supreme Court reversed Harrington's conviction and remanded for a new trial, finding the prosecutor committed a Brady2 violation by failing...

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