State v. Babers

ANDREASEN, Justice.

Dewitt N. Babers was convicted of delivery of a schedule II simulated controlled substance, cocaine, in violation of Iowa Code section 204.401(l)(c) (1991). On appeal he challenged the court’s refusal to permit him to offer impeachment testimony from a previously nondisclosed witness and the court’s failure to instruct the jury upon the defense of entrapment. We transferred the appeal to the court of appeals.

In a divided decision, the court of appeals reversed and remanded for a new trial. The majority opinion found the trial court abused its discretion in excluding the…