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Case No. 17-1769

Leroy Dean Haines
v.
State of Iowa

Appellant

Leroy Dean Haines

Appellee

State of Iowa

Attorneys for Appellant

Thomas Hurd

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1769
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (8 pages)

            LeRoy Haines appeals the denial of his second application for postconviction relief (PCR) following his convictions for two counts of sexual abuse in the second degree.  As he did at his PCR trial, he maintains the State committed a Brady violation by failing to disclose exculpatory evidence and statements made by one of the complaining witnesses during the course of the underlying proceedings and that the nondisclosure prejudiced him.  OPINION HOLDS: The evidence Haines’s claim relies upon meets the ground-of-fact exception and survives the statute of limitations, so we reach merits of Haines’s claim.  However, we agree with the PCR court that Haines cannot establish a Brady violation.  We affirm. 

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