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STATE v. WALKER

No. 10-0525.

804 N.W.2d 284 (2011)

STATE of Iowa, Appellant, v. Carson Michael WALKER, Appellee.

Supreme Court of Iowa.

September 30, 2011.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Sharon K. Hall , Assistant Attorney General, John P. Sarcone , County Attorney, and David M. Porter , Assistant County Attorney, and Scott M. Wadding , Student Legal Intern, for appellant.

Daniel J. Rothman and William G. Brewer of McEnroe, Gotsdiner, Brewer, & Steinbach, P.C., West Des Moines, for appellee.

WATERMAN, Justice.

Is an attorney able "to see and consult confidentially [with his client] alone and in private" under Iowa Code section 804.20 (2009) by talking through an intercom in a booth separated by a glass partition and watched by a police video camera? In this prosecution for operating a motor vehicle while intoxicated (OWI), the district court answered "no" to this question of first impression and granted defendant Carson Michael Walker's motion to suppress...

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