David R. Desimone v. State of Iowa

WIGGINS, Justice.

In this appeal, we must decide if the State’s failure to turn over a witness’s timecard showing that the witness could not possibly have seen the events to which she testified constitutes a Brady violation. 1 In the postconviction relief action, the district court found no violation occurred. On appeal, the court of appeals affirmed the judgment of the district court. On further review, we find a Brady violation occurred. Therefore, we reverse the judgment of the district court and remand the case for the district court to enter an order vacating the defendant’s conviction…