Legal Opinion
State v. Marchellino
Supreme Court of Iowa
Decided April 16, 1981No. 64172PublishedCited by 19 opinions
1Opinion of the Court
LARSON, Justice.
The defendant, James Marion Marchelli-no, was convicted of assault with intent to inflict serious injury, § 708.2(1), The Code 1979. On appeal he presents one issue: did the court err in refusing to allow defendant’s witness to testify on the ground he was a witness “expected to be called for the defense” and the State had not been notified of that fact as required by Iowa Rule of Criminal Procedure 12(3). We conclude the sanction applied was not authorized by our Criminal Procedure rules and therefore reverse and remand.
The events culminating in an assault upon the victim,…
2Cases cited3 opinions
- Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
- Howard Dean Hansen, A/K/A Dean Hansen v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- Johnson v. MillerSupreme Court of Iowa · 1978
3Cited by19 opinions
- City of Lakewood v. PapadelisOhio Supreme Court · 1987
- Wiseheart v. StateIndiana Supreme Court · 1986
- Robert Harold FENDLER, Plaintiff-Appellant, v. Robert GOLDSMITH, and the Attorney General of the State of Arizona, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1984
- State v. BrownSupreme Court of Iowa · 1986
- State v. MillerWest Virginia Supreme Court · 1987
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