State of Iowa v. David R. Desimone

MANSFIELD, Justice.

This case presents several substantive and procedural issues under Iowa Code section 663A.1 (2011), our state’s “wrongful imprisonment” law. In 2005, David DeSi-mone was tried before a jury on a charge of third-degree sexual abuse, found guilty, and sentenced to prison. Six years later, this court granted postconviction relief and overturned DeSimone’s conviction and sentence, necessitating a new trial. See DeSimone v. State, 803 N.W.2d 97, 106 (Iowa 2011). The second trial resulted in DeSi-mone’s acquittal.

Subsequently, DeSimone filed an application to be declared a…