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Case No. 17-1896

Dominic Clester
v.
State of Iowa

Appellant

Dominic Clester

Appellee

State of Iowa

Attorneys for Appellant

Timothy J. Tupper

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1896
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Muscatine County, Mark J. Smith, Judge.  REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Dominic Clester appeals the district court’s dismissal of his application for postconviction relief as a discovery sanction after his appointed postconviction counsel failed to comply with the court’s order to compel discovery responses.  OPINION HOLDS: Because the district court made no finding of willfulness, bad faith, or fault, and did not consider the propriety of lesser sanctions, we find the court abused its discretion in dismissing Clester’s postconviction-relief application as a discovery sanction.

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