STATE v. ELLIOTT

No. 09-0633.

806 N.W.2d 660 (2011)

STATE of Iowa, Appellee, v. Matthew Joseph ELLIOTT, Appellant.

Supreme Court of Iowa.

December 2, 2011.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Robert P. Ranschau , Assistant State Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Thomas S. Tauber and Mary E. Tabor (until withdrawal), Assistant Attorneys General, John P. Sarcone , County Attorney, and Nan M. Horvat , Assistant County Attorney, for appellee.


WIGGINS, Justice.

A defendant alleges his convictions should be overturned because the district court admitted hearsay evidence over a proper objection. We transferred the case to the court of appeals. The court of appeals found the evidence was hearsay, but held any error in admitting the tainted evidence was harmless. On further review, we agree with the court of appeals that the evidence in question was hearsay. However, we find the admission of the evidence prejudicial...

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