STATE v. McKINNEY

No. 06-1707.

756 N.W.2d 678 (2008)

STATE of Iowa, Appellee, Bremer County, Appellant, v. Nathanial Paul McKINNEY, Appellee.

Supreme Court of Iowa.

September 5, 2008.


Attorney(s) appearing for the Case

Kasey Earl Wadding, County Attorney, for appellant.

Robert W. Thompson of Thompson Law Office, Reinbeck, for appellee McKinney.


CADY, Justice.

In this appeal, we must decide whether the State or a county is responsible for payment of a material-witness fee arising from a case filed by the county pursuant to its statutory charge to enforce the state criminal code. We consider the appeal of this case by the county as a petition for certiorari, grant the petition, and sustain the writ.

I. Background Facts and Proceedings.

On February 3, 2006, Nathanial Paul McKinney was arrested...

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