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December 11, 2013

State files application for further review

(Continued)

Des Moines —

The appeals court continues, saying the district court erred in barring one of Edouard’s expert witnesses from testifying. 

In the State's request, it is written that the District Court ruled that the opinions of Dr. Hollinda Wakefield, a forensic psychologist, would not be helpful to the jury, was not based upon recognized standard and were not relevant to use of the terms "mental health services."

The State's review also challenges the Court of Appeals' decision to base its definition of "counseling" on the Gonzalez decision. The review says that trial courts have "rather broad discretion" in choosing to convey a particular concept to a jury. 

The Iowa Supreme Court can choose to approve or deny the State's request for further review. The application for review is attached to this article. 

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