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State v. Paredes

775 N.W.2d 554 (2009)

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State v. Paredes

Iowa Supreme Court

775 N.W.2d 554 (2009)

Facts

Edwin Paredes (defendant) and Cassidy Millard had a two-month-old son who was diagnosed with shaken-baby syndrome. Other than 15 minutes when a relative watched the baby, Paredes and Millard were the only caregivers during the time that the abuse happened. Paredes confessed to causing the injuries, but Millard told him not to confess for her sake. Later, Millard called a trusted social worker, Susan Gail, and said that she did not want Paredes to take the fall. Millard told Gail that Paredes was nonviolent, did not often take care of the baby, and did not hurt the baby. Millard also confessed that the baby had been crying frequently and that she had yelled at him to shut up and started spanking him. Millard asked Gail what would happen to her if she had been the one who hurt the baby. Gail began talking as though Millard had been the abuser, and Millard did not protest or correct Gail. Paredes later withdrew his confession. At trial, Paredes tried to introduce evidence of Millard’s statements to Gail under the hearsay exception for statements against interest. The trial court excluded the statements, and Paredes was convicted. Paredes appealed.

Rule of Law

Issue

Holding and Reasoning (Appel, J.)

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