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STATE v. SMITH

No. 19-2011.

957 N.W.2d 669 (2021)

STATE of Iowa, Appellant, v. Deaonsy SMITH Jr., Appellee.

Supreme Court of Iowa.

Filed April 9, 2021.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Timothy M. Hau , Assistant Attorney General, C.J. May , County Attorney, and Brigit A. Barnes , Assistant County Attorney, for appellant.

Martha J. Lucey , State Appellate Defender, and Mary K. Conroy , Assistant Appellate Defender, for appellee.

Mansfield, J., delivered the opinion of the court in which Waterman, McDonald, Oxley, and McDermott, JJ., joined in full and Christensen, C.J., joined as to all but division III.E. Christensen, C.J., filed an opinion concurring specially in division III.E. Appel, J., filed an opinion concurring in part and dissenting in part.

When does prosecutorial delay in arresting and formally charging someone amount to a due process violation? By late December 2017, law enforcement had focused on a specific individual as the person who had likely committed a robbery. Yet the police did not file a criminal complaint against him until August 2018. In addition,...

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