Opinion

State v. Niccum

  • 190 N.W.2d 815
  • 1971 Iowa Sup. LEXIS 783
Court
Supreme Court of Iowa
Filed
Oct 13, 1971
Status
Published
Author
Rawlings
On the bench
Mason, Rawlings, Becker
Cited by
35 cases
Authority
More cited than 8.7%

The opinion

RAWLINGS, Justice

(dissenting).

I cannot agree with the conclusion reached in Division II of the majority opinion regarding the change of venue unsuccessfully sought by defendant in trial court, and upon that basis respectfully dissent.

In support hereof see basic rationale in Groppi v. Wisconsin, 400 U.S. 505 , 91 S.Ct. 490 , 27 L.Ed.2d 571 ; and dissent in State v. Loney, 163 N.W.2d 378, 383 .

I would therefore reverse and remand with instructions to grant defendant’s motion for change of venue and accord him a new trial.

BECKER, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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