Leroy Dean Haines
v.
State of Iowa
Appellant
Leroy Dean Haines
Appellee
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:
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.
