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IN RE MARSHALL

No. 10-0652.

805 N.W.2d 145 (2011)

In the Matter of Justin Alexander MARSHALL. Justin Alexander Marshall, Appellee, v. State of Iowa, Appellant.

Supreme Court of Iowa.

September 2, 2011.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Sharon K. Hall , Assistant Attorney General, Janet M. Lyness , County Attorney, and Meredith Rich-Chappell , Assistant County Attorney, for appellant.

Rachel C.B. Antonuccio of Cole & Vondra, LLP, Iowa City, for appellee.

APPEL, Justice.

In this case, we consider the scope of the State's authority under Iowa Code chapter 804 to detain a person whom the State asserts is a material witness to a crime. The district court concluded that the authority of the State to detain a material witness is extinguished when a trial date is set for the underlying crime and the material witness is served with a subpoena. The State sought an interlocutory appeal from the district court's order, which...

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