EVERETT v. STATE

No. 08-1540.

789 N.W.2d 151 (2010)

Odell EVERETT, Jr., Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

October 1, 2010.


Attorney(s) appearing for the Case

Nathan A. Mundy of Bartolomei & Lange, P.L.C., Des Moines, for appellant.

Thomas J. Miller , Attorney General, Kevin R. Cmelik , Assistant Attorney General, Thomas J. Ferguson , County Attorney, and Kimberly A. Griffith , Assistant County Attorney, for appellee.


WIGGINS, Justice.

The State seeks further review of a court of appeals' decision reversing the district court's denial of the defendant's application for postconviction relief and ordering a new trial for the defendant. The State contends the court of appeals erred in finding the defendant's claim that failure to obtain his presence when responding to a jury question required the defendant to receive a new trial. Because we conclude the defendant's claim must be brought...

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