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STATE v. GARRITY

No. 08-0330.

765 N.W.2d 592 (2009)

STATE of Iowa, Appellee, v. Paul GARRITY, Appellant.

Supreme Court of Iowa.

May 15, 2009.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thad Roche and Meredith Friedman, student interns, Michael J. Walton, County Attorney, and Marc Gellerman, Assistant County Attorney, for appellee.

BAKER, Justice.

In this application for further review, Paul Garrity seeks to overturn his conviction for operating while intoxicated ("OWI") third offense. He contends that the Scott County District Court erred in denying his motion to suppress his breath test refusal and all evidence of his statements to police after his request to contact another officer was denied. Specifically, Garrity alleges the State violated his...

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