STATE v. HART

No. 19-0425.

966 N.W.2d 304 (2021)

STATE of Iowa, Plaintiff-Appellee, v. Jonathan Levi HART, Defendant-Appellant.

Court of Appeals of Iowa.

Filed May 12, 2021.


Attorney(s) appearing for the Case

Arielle M. Lipman of Lipman Law Firm, P.C., West Des Moines, for appellant.

Thomas J. Miller , Attorney General, Linda J. Hines , Assistant Attorney General, and Lisa Manoogian , Law Student Intern, for appellee.

Heard by Bower, C.J., and Doyle and Ahlers, JJ.


This case calls for us to reinforce a well-established principle—a prosecutor is not permitted to call a criminal defendant as a witness. We augment the principle with a corollary—defense counsel who permits a prosecutor to call the defendant as a witness without objection fails to perform an essential duty.

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