State v. Hernandez-Lopez

CADY, Justice.

This application for discretionary review provides us with our first opportunity to interpret Iowa’s material witness statute. See Iowa Code § 804.11 (1999). Although the issues in this appeal are technically moot, we address a portion of the challenge to the constitutionality of the statute because it is likely to recur yet evade appellate review. On our review, we find the statute survives the substantive and procedural due process facial challenges. We therefore affirm the decision of the district court.

I. Background Facts and Proceedings.

On August 5, 2000, Antonio…