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STATE v. MONTGOMERY

No. 19-1613.

966 N.W.2d 641 (2021)

STATE of Iowa, Appellee, v. Michael D. MONTGOMERY, Appellant.

Supreme Court of Iowa.

Filed November 19, 2021.

Attorney(s) appearing for the Case

Michael J. Jacobsma (argued) of Jacobsma Law Firm, P.C., Orange City, for appellant.

Thomas J. Miller , Attorney General, and Sheryl Soich (argued), Assistant Attorney General, for appellee.

Waterman, J., delivered the opinion of the court, in which Christensen, C.J., Mansfield, McDonald, and Oxley, JJ., joined. Appel, J., filed a special concurrence. McDermott, J., filed a separate special concurrence.

In this appeal, we must decide whether to overrule State v. Pearson, 514 N.W.2d 452, 455-56 (Iowa 1994) (en banc), and separately decide whether the district court properly applied the "constitutional rights" exception to the rape shield law, Iowa Rule of Evidence 5.412(b)(1)(C...

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