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STATE v. DeSIMONE

No. 12-2176.

839 N.W.2d 660 (2013)

STATE of Iowa, Appellant, v. David R. DeSIMONE, Appellee.

Supreme Court of Iowa.

Modified on Denial of Rehearing November 26, 2013.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Deputy Attorney General, and Meghan L. Gavin and William A. Hill , Assistant Attorneys General, for appellant.

Michael J. McCarthy of McCarthy, Lammers & Hines, Davenport, for appellee.

MANSFIELD, Justice.

This case presents several substantive and procedural issues under Iowa Code section 663A.1 (2011), our state's "wrongful imprisonment" law. In 2005, David DeSimone was tried before a jury on a charge of third-degree sexual abuse, found guilty, and sentenced to prison. Six years later, this court granted postconviction relief and overturned DeSimone's conviction and sentence, necessitating a new trial. See DeSimone v. State,

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