State v. Frank, 55543

Decision Date20 February 1974
Docket NumberNo. 55543,55543
PartiesSTATE of Iowa, Appellee, v. Merlin Joseph FRANK, Appellant.
CourtIowa Supreme Court

Appeal from Blackhawk District Court; Peter VanMetre, Judge.

Isadore Nadler and Michael M. Pedersen, Waterloo, for appellant.

Richard C. Turner, Atty.Gen., Darby Maria Coriden, Asst.Atty.Gen., and David D. Dutton, Co. Atty., for appellee.

Submitted to MOORE, C.J., and MASON, LeGRAND, REES and UHLENHOPP, JJ.

LeGRAND, Justice.

Defendant concedes the issues raised by this appeal were recently decided in State v. Vietor, 208 N.W.2d 894 (Iowa 1973). If he is to succeed here, we must overrule that decision. He asks us to do so and to hold section 204.410, The Code, unconstitutional. Since we decline to reconsider that case, the judgment is affirmed. See Rule 348.1, Rules of Civil Procedure.

Affirmed.

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3 cases
  • State v. Monroe
    • United States
    • Iowa Supreme Court
    • November 24, 1975
    ...infirmities alleged. We have continued to follow our decision in Vietor. See State v. Deanda, 218 N.W.2d 649 (Iowa 1974); State v. Frank, 214 N.W.2d 915 (Iowa 1974). The principles announced in Vietor and its progeny would be dispositive of this challenge but for the United States Supreme C......
  • State v. Leonard
    • United States
    • Iowa Supreme Court
    • May 19, 1976
    ...in Vietor. Both statutes are set out in Vietor at page 896. This court continued to follow our decision in Vietor in State v. Frank, 214 N.W.2d 915 (Iowa 1974) and State v. Deanda, Iowa, 218 N.W.2d However, November 24, 1975, 25 days after defendant's written brief and argument was filed in......
  • State v. Deanda, 55889
    • United States
    • Iowa Supreme Court
    • May 22, 1974
    ...proof on the accused. These claims were decided adversely to defendant in State v. Vietor, 208 N.W.2d 897 (Iowa (1973). In State v. Frank, 214 N.W.2d 915 (Iowa 1974) we declined to reconsider our holding in State v. Vietor. We again decline to do III. Defendant sought to examine Officer Lor......

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