In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa

I respectfully dissent.

I disagree with the majority’s arrest and release interpretation of the material witness statutes. Under that interpretation, a material witness may be arrested if he or she would be unavailable for service of a subpoena, but then must be released once the trial subpoena has been served. According to the majority, release must occur even if the witness has given every indication that he or she will disregard the trial subpoena. This interpretation seems impractical; renders Iowa’s statute different from other material witness statutes in the nation; and, most…