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STATE v. RAINSONG

No. 10-1543.

807 N.W.2d 283 (2011)

STATE Of Iowa, Appellant, v. Daniel Dean RAINSONG, Appellee.

Supreme Court of Iowa.

December 16, 2011.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Martha E. Trout , Assistant Attorney General, Stephen H. Holmes , County Attorney, and Brendan E. Greiner and Travis S. Johnson , Assistant County Attorneys, for appellant.

Mark C. Smith , State Appellate Defender, and Vidhya K. Reddy , Assistant State Appellate Defender, for appellee.

WIGGINS, Justice.

The State noticed the deposition of a victim. The defendant refused to attend the deposition. The State proceeded to take the deposition of the victim without participation by the defendant and later attempted to introduce the deposition at trial. The district court did not allow the State to use the deposition. The State requested interlocutory appeal, which we granted. On review, we find Iowa Rule of Criminal Procedure 2.13 did not authorize the...

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