State v. Gardner

TERNUS, Justice.

The judge who presided at the defendant’s criminal trial was subsequently listed as a witness in the minutes of testimony filed by the State in support of a habitual violator allegation. The defendant, Reese Gardner, claims the judge’s dual roles violated Gardner’s due process right to a fair trial and contravened Iowa Rule of Evidence 5.605. Although we discourage the course employed by the prosecution in this case, we conclude the defendant’s rights were not compromised. Accordingly, we affirm the judgment of conviction and sentence.

I. Background Facts and Proceedings.

In…