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Case No. 17-1769

Leroy Dean Haines
State of Iowa


Leroy Dean Haines


State of Iowa

Attorney for the Appellant

Thomas Hurd

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 20, 2019

            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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