David M. Powers v. State of Iowa

MANSFIELD, Justice (dissenting).

I respectfully dissent. K.P. allegedly made a false claim she was sexually assaulted after the trial . The majority assumes this posttrial event could constitute newly discovered material evidence under Iowa Rule of Criminal Procedure 2.24(2)(b )(8) and Iowa Code section 822.2(1)(d ) (2016).4 Thus, the majority moves on to whether the defendant was entitled to discovery. However, because the event occurred after the defendant's trial and would at most have been used to impeach K.P.'s testimony at trial, it is not newly discovered material evidence. Therefore,…