Legal Opinion

McGhee v. POTTAWATTAMIE COUNTY, IOWA

Court of Appeals for the Eighth Circuit

Decided February 1, 2008No. 07-1453, 07-1524PublishedCited by 1 opinion

1Opinion of the Court

RILEY, Circuit Judge.

In 1978, Curtis W. McGhee Jr. (McGhee) and Terry Harrington (Harrington) were convicted of murdering John Schweer, a retired police department captain who was working as a security guard. McGhee and Harrington were each sentenced to life imprisonment. In 2002, the Iowa Supreme Court reversed Harrington’s conviction and remanded for a new trial, finding the prosecutor committed a Brady 2 violation by failing to disclose evidence of an alternative suspect. The current prosecutor, Matthew Wilber (Wilber), concluded it would be impossible to retry Harrington and also agreed…

2Cases cited15 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Buckley v. FitzsimmonsSupreme Court of the United States · 1993
  5. Hartman v. MooreSupreme Court of the United States · 2006

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3Cited by1 opinion

  1. McGuiness v. JenningsDistrict Court, D. Delaware · 2025

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