reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.9 - Forfeiture of appearance bond and conditions to set aside.

811.9 Forfeiture of appearance bond and conditions to set aside.
Sections 811.6 through 811.8 shall not apply in a case where a simple misdemeanor is charged upon a uniform citation and complaint and where the defendant has submitted an unsecured appearance bond or has submitted bail in the form of cash, check, credit card as provided in section 805.14, or guaranteed arrest bond certificate as defined in section 321.1. When a defendant fails to appear as required in such cases, the court, or the clerk of the district court, shall enter a judgment of forfeiture of the bond or bail. The judgment shall be final upon entry and shall not be set aside unless the conviction is for a scheduled violation under chapter 321 that was set aside under the procedures established in section 321.200A, or upon a showing of good cause after the filing of a motion within ninety days of entry of the judgment, for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty.
[C79, 81, §811.9]
99 Acts, ch 144, §14; 2009 Acts, ch 124, §3; 2010 Acts, ch 1069, §65; 2010 Acts, ch 1130, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.10 - Discharge of surety.

811.10 Discharge of surety.
When a defendant is admitted to bail by means of a surety bail bond pursuant to section 811.2, subsection 1, paragraph “a”, subparagraph (4), the obligation of surety shall be discharged, and the surety released, upon any of the following conditions:
1. Dismissal of the charges against the defendant.
2. Judgment of acquittal against the defendant.
3. Judgment of conviction against the defendant.
4. Entry of an order deferring judgment of the defendant.
5. Entry of an order by the court which, by its terms, continues the case against the defendant for a period exceeding six months.
84 Acts, ch 1152, §3; 2013 Acts, ch 30, §256
Referred to in §811.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.11 - Bail after deferred judgment.

811.11 Bail after deferred judgment.
Upon entry of an order by the court deferring judgment, effecting a discharge of the surety as required under section 811.10, the defendant may be admitted to bail, as a condition of the deferral of judgment. Admittance to bail under this section, if required by the court, requires a new bail undertaking by the defendant. The surety under this section is responsible only for the failure of the defendant to appear at required court appearances during the period of deferral of judgment.
84 Acts, ch 1152, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.12 - Limitations.

811.12 Limitations.
1. A person shall not take or attempt to take into custody the principal on a bail bond, either as a surety on a bail bond in a criminal proceeding or as an agent of such surety, unless such person has complied with all of the following, if applicable:
a. Notification or registration with a chief law enforcement officer under section 80A.3A.
b. Licensing requirements for bail enforcement businesses and bail enforcement agents under chapter 80A.
2. A person other than a certified peace officer shall not be authorized to apprehend, detain, or arrest a principal on a bail bond, wherever issued, unless one of the following applies:
a. The person is a bail enforcement agent licensed under chapter 80A and has notified the chief law enforcement officer under section 80A.3A.
b. The person is a bail enforcement agent licensed under the laws of another state and has registered with the chief law enforcement officer under section 80A.3A.
c. The person is a bail enforcement agent from a state that does not license such businesses who has registered with the chief law enforcement officer under section 80A.3A.
d. The person is a bail enforcement agent exempt from licensing requirements pursuant to section 80A.2, subsection 3.
98 Acts, ch 1149, §13; 99 Acts, ch 105, §1
Referred to in §80A.3A, 811.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.3 - Mental incompetency of accused.

812.3 Mental incompetency of accused.
1. If at any stage of a criminal proceeding the defendant or the defendant’s attorney, upon application to the court, alleges specific facts showing that the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend further proceedings and determine if probable cause exists to sustain the allegations. The applicant has the burden of establishing probable cause. The court may on its own motion schedule a hearing to determine probable cause if the defendant or defendant’s attorney has failed or refused to make an application under this section and the court finds that there are specific facts showing that a hearing should be held on that question. The defendant shall not be compelled to testify at the hearing and any testimony of the defendant given during the hearing shall not be admissible on the issue of guilt, except such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings.
2. Upon a finding of probable cause sustaining the allegations, the court shall suspend further criminal proceedings and order the defendant to undergo a psychiatric evaluation to determine whether the defendant is suffering a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense. The order shall also authorize the evaluator to provide treatment necessary and appropriate to facilitate the evaluation. If an evaluation has been conducted within thirty days of the probable cause finding, the court is not required to order a new evaluation and may use the recent evaluation during a hearing under this chapter. Any party is entitled to a separate psychiatric evaluation by a psychiatrist or licensed, doctorate-level psychologist of their own choosing.
[C51, §3260, 3261; R60, §5015, 5016; C73, §4620, 4621; C97, §5540; C24, 27, 31, 35, 39, §13905; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.1; C79, 81, §812.3]
2004 Acts, ch 1084, §5
Referred to in §812.5, 812.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.4 - Hearing.

812.4 Hearing.
1. A hearing shall be held within fourteen days of the arrival of the person at a psychiatric facility for the performance of the evaluation, or within five days of the court’s motion or the filing of an application, if the defendant has had a psychiatric evaluation within thirty days of the probable cause finding, and upon which the court decides to rely. Pending the hearing, no further proceedings shall be taken under the complaint or indictment and the defendant’s right to a speedy indictment and speedy trial shall be tolled until the court finds the defendant competent to stand trial.
2. The defendant shall be entitled to representation by counsel, including appointed counsel if indigent, and shall be entitled to the right of cross-examination and to present evidence.
3. Testimony of the defendant given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, except that such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings.
[C51, §3262, 3263; R60, §5018, 5019; C73, §4623, 4624; C97, §5542; C24, 27, 31, 35, 39, §13907; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.3; C79, 81, §812.4]
83 Acts, ch 96, §157, 159; 94 Acts, ch 1079, §1; 97 Acts, ch 64, §1; 2004 Acts, ch 1084, §6; 2005 Acts, ch 65, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.5 - Competency hearing — findings.

812.5 Competency hearing — findings.
The court shall receive all relevant and material evidence offered at the hearing and shall not be bound by the formal rules of evidence. The evidence shall include the psychiatric evaluation ordered under section 812.3 or conducted within thirty days of the probable cause finding.
1. If the court finds the defendant is competent to stand trial, the court shall reinstate the criminal proceedings suspended under section 812.3.
2. If the court, by a preponderance of the evidence, finds the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend the criminal proceedings indefinitely and order the defendant to be placed in a treatment program pursuant to section 812.6 and shall make further findings of record as necessary under section 812.6.
[C51, §3264 – 3267; R60, §5020 – 5023; C73, §4625 – 4628; C97, §5543; C24, 27, 31, 35, 39, §13908; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.4; C79, 81, §812.5]
83 Acts, ch 96, §157, 159; 85 Acts, ch 21, §47; 94 Acts, ch 1079, §2; 2004 Acts, ch 1084, §7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.7 - Mental status reports.

812.7 Mental status reports.
The psychiatrist or licensed doctorate-level psychologist providing outpatient treatment to the defendant, or the director of the facility where the defendant is being held and treated pursuant to a court order, shall provide a written status report to the court regarding the defendant’s mental disorder within thirty days of the defendant’s placement pursuant to section 812.6. The report shall also state whether it appears that the defendant can be restored to competency in a reasonable amount of time. Progress reports shall be provided to the court every sixty days or less thereafter until the defendant’s competency is restored or the placement of the defendant is terminated.
2004 Acts, ch 1084, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.8 - Restoration of mental competency.

812.8 Restoration of mental competency.
1. At any time, upon a finding by a psychiatrist or licensed doctorate-level psychologist that there is a substantial probability that the defendant has acquired the ability to appreciate the charge, understand the proceedings, and effectively assist in the defendant’s defense, the psychiatrist or licensed doctorate-level psychologist providing outpatient treatment to the defendant or the director of the inpatient facility shall immediately notify the court. After receiving notice the court shall proceed as provided in subsection 4.
2. At any time, a treating psychiatrist or licensed doctorate-level psychologist may notify the court that the defendant receiving outpatient treatment will require inpatient services to continue benefiting from treatment or that it is appropriate for a defendant receiving inpatient treatment services to receive outpatient treatment services. Upon receiving notification, the court shall proceed as provided under subsection 4.
3. At any time upon a finding by a treating psychiatrist or licensed doctorate-level psychologist that there is no substantial probability that the defendant will be restored to competency in a reasonable amount of time, the psychiatrist or licensed doctorate-level psychologist providing outpatient treatment to the defendant or the director of the inpatient facility shall immediately notify the court. Upon receiving notification, the court shall proceed as provided under subsection 4.
4. Upon receiving a notification under this section, the court shall schedule a hearing to be held within fourteen days. The court shall also issue an order to transport the defendant to the hearing if the defendant is in custody or is being held in an inpatient facility. The defendant shall be transported by the sheriff of the county where the court’s motion or the application pursuant to section 812.3 was filed.
5. If the court finds by a preponderance of the evidence that the defendant’s competency has been restored, the court shall terminate the placement pursuant to section 812.6, and reinstate the criminal proceedings against the defendant, and may order continued treatment to maintain the competency of the defendant.
6. If the court finds by a preponderance of the evidence that the defendant remains incompetent to stand trial but is making progress in regaining competency, the court shall continue the placement ordered pursuant to section 812.6.
7. The court may change the placement of a defendant and the placement may be more restrictive if necessary for the continued progress of the defendant’s treatment as shown by clear and convincing evidence.
8. If the court finds by a preponderance of the evidence that there is no substantial probability the defendant’s competency will be restored in a reasonable amount of time, the court shall terminate the commitment under section 812.6 in accordance with the provisions of section 812.9.
2004 Acts, ch 1084, §10
Referred to in §812.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 812 - CONFINEMENT OF PERSONS FOUND INCOMPETENT TO STAND TRIAL › Section 812.9 - Length of placement — other commitment proceedings — criminal proceedings after termination of placement.

812.9 Length of placement — other commitment proceedings — criminal proceedings after termination of placement.
1. Notwithstanding section 812.8, the defendant shall not remain under placement pursuant to section 812.6 beyond the expiration of the maximum term of confinement for the criminal offense of which the defendant is accused, or eighteen months from the date of the original adjudication of incompetence to stand trial, including time in jail, or the time when the court finds by a preponderance of the evidence that there is no substantial probability that the defendant will be restored to competency in a reasonable amount of time under section 812.8, subsection 8, whichever occurs first. When the defendant’s placement in an inpatient facility equals the length of the maximum term of confinement, the complaint for the criminal offense of which the defendant is accused shall be dismissed with prejudice.
2. When the defendant’s commitment equals eighteen months, the court shall schedule a hearing to determine whether the defendant is competent to stand trial pursuant to section 812.8, subsection 5. If the defendant is not competent to stand trial after eighteen months, the court shall terminate the placement under section 812.6 in accordance with the provisions of subsection 1.
3. Upon the termination of the defendant’s placement pursuant to subsection 1, or pursuant to section 812.8, subsection 8, the state may commence civil commitment proceedings or any other appropriate commitment proceedings.
4. If the defendant’s placement is terminated pursuant to subsection 2 or pursuant to section 812.8, subsection 8, and it appears thereafter that the defendant has regained competency, the state may make application to reinstate the prosecution of the defendant and hearing shall be held on the matter in the same manner as if the court has received notice under section 812.8, subsection 4.
2004 Acts, ch 1084, §11; 2005 Acts, ch 3, §113
Referred to in §812.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 813 - IOWA RULES OF CRIMINAL PROCEDURE › Section 813.1 - Title.

813.1 Title.
These rules shall be known as the rules of criminal procedure. (R.Cr.P.)
[76 Acts, ch 1245(2), §1301, Rule 31; 77 Acts, ch 153, §106; C79, 81, §813.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 813 - IOWA RULES OF CRIMINAL PROCEDURE › Section 813.4 - Additions to and amendment of rules.

813.4 Additions to and amendment of rules.
The rules of criminal procedure may be amended, provisions deleted, and new rules added by the supreme court, subject to section 602.4202.
[C79, 81, §813.4]
83 Acts, ch 186, §10134, 10201
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.1 - Definition of appeal and discretionary review.

814.1 Definition of appeal and discretionary review.
For the purposes of this chapter, unless the context otherwise requires:
1. “Appeal” is the right of both the defendant and the state to have specified actions of the district court considered by an appellate court.
2. “Discretionary review” is the process by which an appellate court may exercise its discretion, in like manner as under the rules pertaining to interlocutory appeals and certiorari in civil cases, to review specified matters not subject to appeal as a matter of right. The supreme court may adopt additional rules to control access to discretionary review.
[R60, §4904, 4905; C73, §4520, 4521; C97, §5448; S13, §5448; C24, 27, 31, 35, 39, §13994; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.1; C79, 81, §814.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.2 - Parties — how designated on appeal.

814.2 Parties — how designated on appeal.
The party seeking review shall be known as the appellant and the adverse party as the appellee, but the title of the action shall not be changed from that in the district court.
[R60, §4818, 4819; C73, §4531, 4532; C97, §5455; C24, 27, 31, 35, 39, §14004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.12; C79, 81, §814.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.3 - Appeals in cases involving more than one defendant.

814.3 Appeals in cases involving more than one defendant.
When defendants are tried jointly, they may seek discretionary review or may appeal separately or may join. The appellate court may, in the interest of justice, consolidate appeals or applications for discretionary review.
[R60, §4917; C73, §4526; C97, §5451; C24, 27, 31, 35, 39, §13996; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.3; C79, 81, §814.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.5 - The state as appellant or applicant.

814.5 The state as appellant or applicant.
1. Right of appeal is granted the state from:
a. An order dismissing an indictment, information, or any count thereof.
b. A judgment for the defendant on a motion to the indictment or the information.
c. An order arresting judgment or granting a new trial.
2. Discretionary review may be available in the following cases:
a. An order dismissing an arrest or search warrant.
b. An order suppressing or admitting evidence.
c. An order granting or denying a motion for a change of venue.
d. A final judgment or order raising a question of law important to the judiciary and the profession.
[C79, 81, §814.5; 82 Acts, ch 1021, §8, 12(1)]
Referred to in §808B.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.6 - The defendant as appellant or applicant.

814.6 The defendant as appellant or applicant.
1. Right of appeal is granted the defendant from:
a. A final judgment of sentence, except in the following cases:
(1) A simple misdemeanor conviction.
(2) An ordinance violation.
(3) A conviction where the defendant has pled guilty. This subparagraph does not apply to a guilty plea for a class “A” felony or in a case where the defendant establishes good cause.
b. An order for the commitment of the defendant for insanity or drug addiction.
2. Discretionary review may be available in the following cases:
a. An order suppressing or admitting evidence.
b. An order granting or denying a motion for a change of venue.
c. An order denying probation.
d. Simple misdemeanor and ordinance violation convictions.
e. An order raising a question of law important to the judiciary and the profession.
f. An order denying a motion in arrest of judgment on grounds other than an ineffective assistance of counsel claim.
[C79, 81, §814.6; 82 Acts, ch 1021, §9, 12(1)]
2019 Acts, ch 140, §28, 29
Referred to in §910.3
Guilty plea challenges, see §814.29
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.6A - Pro se filings by defendant currently represented by counsel.

814.6A Pro se filings by defendant currently represented by counsel.
1. Except as otherwise provided in subsection 3, a defendant who is currently represented by counsel shall not file any pro se document, including a brief, reply brief, or motion, in any Iowa court. The court shall not consider, and opposing counsel shall not respond to, such pro se filings.
2. This section does not prohibit a defendant from proceeding without the assistance of counsel.
3. A defendant currently represented by counsel may file the following pro se documents:
a. A pro se motion seeking disqualification of the counsel, which a court may grant upon a showing of good cause.
b. A pro se notice of appeal.
c. A pro se response to a motion to withdraw pursuant to
rule of appellate procedure 6.1005
.
2019 Acts, ch 140, §30; 2022 Acts, ch 1110, §1
See also §822.3A
Subsections 1 and 3 amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.7 - Ineffective assistance claim on appeal in a criminal case.

814.7 Ineffective assistance claim on appeal in a criminal case.
An ineffective assistance of counsel claim in a criminal case shall be determined by filing an application for postconviction relief pursuant to chapter 822. The claim need not be raised on direct appeal from the criminal proceedings in order to preserve the claim for postconviction relief purposes, and the claim shall not be decided on direct appeal from the criminal proceedings.
2004 Acts, ch 1017, §2; 2019 Acts, ch 140, §31
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.8 - Duties of prosecuting attorney.

814.8 Duties of prosecuting attorney.
1. When an appeal is taken or an application made by the state or the defendant the prosecuting attorney shall promptly prepare and deliver to the attorney general so much of the proceedings as are material to the proper disposition of the matter.
2. When a notice of appeal or application has been filed by an adverse party, the prosecuting attorney shall immediately furnish the attorney general with a copy of said notice.
[C97, §301; SS15, §301; C24, 27, 31, 35, 39, §13999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.7; C79, 81, §814.8]
Referred to in §331.756(67)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.9 - Indigent’s right to transcript on appeal.

814.9 Indigent’s right to transcript on appeal.
If a defendant in a criminal cause has perfected an appeal from a judgment and is determined by the court to be indigent, the court may order a transcript to be made. When an attorney of record is representing an indigent, the attorney shall apply to the district court for the transcript.
[C73, §3777; C97, §254; SS15, §254-a2; C24, 27, 31, 35, 39, §14000; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.8; C79, 81, §814.9]
83 Acts, ch 186, §10135, 10201; 96 Acts, ch 1193, §6
Referred to in §815.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.10 - Indigent’s application for transcript in other cases.

814.10 Indigent’s application for transcript in other cases.
If a defendant in a criminal cause has been granted discretionary review from an action of the district court and the appellate court deems a transcript or portions thereof are necessary to proper review of the question or questions raised, the district court shall order the transcript to be made if the defendant is determined to be indigent.
[C79, 81, §814.10]
83 Acts, ch 186, §10136, 10201; 96 Acts, ch 1193, §7
Referred to in §815.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.12 - Appeal by the state — effect.

814.12 Appeal by the state — effect.
An appeal taken by the state does not stay the operation of a judgment in favor of the defendant, nor does an application for discretionary review.
[R60, §4911; C73, §4527; C97, §5452; C24, 27, 31, 35, 39, §14001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.9; C79, 81, §814.12]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.13 - Appeal or application by the defendant — effect.

814.13 Appeal or application by the defendant — effect.
An appeal or application for discretionary review taken by the defendant does not stay the execution of the judgment unless the defendant is released on bail or otherwise as provided by law.
[R60, §4914, 4915; C73, §4528, 4529; C97, §5453; C24, 27, 31, 35, 39, §14002; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.10; C79, 81, §814.13]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.14 - Certificate of release.

814.14 Certificate of release.
When an appeal is taken by the defendant and the defendant is released, the clerk of the district court must give to the defendant or the defendant’s attorney a certificate, under the seal of the court, that an appeal has been taken and the defendant released. The sheriff or other officer having the defendant in custody must, upon receipt of this certificate, discharge the defendant from custody and return to the clerk of court who issued it the execution under which the sheriff or other officer acted with the sheriff’s or officer’s return thereon.
[R60, §4916; C73, §4530; C97, §5454; C24, 27, 31, 35, 39, §14003; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.11; C79, 81, §814.14]
Referred to in §331.653
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.15 - Appeals and applications — docketing — when determined.

814.15 Appeals and applications — docketing — when determined.
Appeals and applications for discretionary review in criminal cases shall be docketed in the supreme court as provided in the rules of appellate procedure. Such causes shall take precedence over other business, and the appellate court shall consider and determine appeals and applications for discretionary review in criminal actions at the earliest time it may be done considering the rights of parties and proper administration of justice.
[R60, §4818, 4819; C73, §4531, 4532; C97, §5455; C24, 27, 31, 35, 39, §14004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.12; C79, 81, §814.15]
85 Acts, ch 157, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.17 - Personal appearance of the defendant.

814.17 Personal appearance of the defendant.
The personal appearance of the defendant in the appellate court on the trial of an appeal, or upon the hearing of a matter of discretionary review, is in no case necessary.
[R60, §4920; C73, §4533; C97, §5456; C24, 27, 31, 35, 39, §14005; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.13; C79, 81, §814.17]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.19 - Hearing in the appellate court — rules of procedure.

814.19 Hearing in the appellate court — rules of procedure.
The record and case shall be presented to the appellate court as provided in the rules of appellate procedure; the provisions of law in civil procedure relating to the filing of decisions and opinions of the appellate court shall apply in such cases.
[C97, §5461; C24, 27, 31, 35, 39, §14009; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.17; C79, 81, §814.19]
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.20 - Decisions on appeals or applications by defendant.

814.20 Decisions on appeals or applications by defendant.
An appeal or application taken by the defendant shall not be dismissed for an informality or defect in taking it if corrected as directed by the appellate court. The appellate court, after an examination of the entire record, may dispose of the case by affirmation, reversal or modification of the district court judgment. The appellate court may also order a new trial, or reduce the punishment, but shall not increase it.
[C51, §3097, 3098; R60, §4921, 4925; C73, §4534, 4538; C97, §5457, 5462; C24, 27, 31, 35, 39, §14006, 14010; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.14, 793.18; C79, 81, §814.20]
85 Acts, ch 157, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.21 - Costs.

814.21 Costs.
Costs shall be taxed as provided by the rules of appellate procedure.
[C97, §5462; C24, 27, 31, 35, 39, §14011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.19; C79, 81, §814.21]
85 Acts, ch 157, §6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.22 - Reversal — effect.

814.22 Reversal — effect.
If a judgment against the defendant is reversed, such reversal shall be deemed an order for a new trial, unless the appellate court shall direct a different disposition. In reversing the case, the appellate court may direct that the defendant be discharged and the defendant’s bail exonerated, or if money is deposited instead, that it be returned to the defendant.
[C51, §3099; R60, §4927; C73, §4540; C97, §5464; C24, 27, 31, 35, 39, §14013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.21; C79, 81, §814.22]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.23 - Affirmance — effect.

814.23 Affirmance — effect.
On a judgment of affirmance against the defendant, the original judgment shall be carried into execution as the appellate court shall direct.
[C51, §3100; R60, §4928; C73, §4541; C97, §5465; C24, 27, 31, 35, 39, §14014; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.22; C79, 81, §814.23]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.24 - Decision recorded and procedendo.

814.24 Decision recorded and procedendo.
The decision of the appellate court with any opinion filed or judgment rendered must be recorded by its clerk. Procedendo shall be issued as provided in the rules of appellate procedure.
[C51, §3101, 3102; R60, §4929, 4930; C73, §4542, 4543; C97, §5466; C24, 27, 31, 35, 39, §14016; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.24; C79, 81, §814.24]
85 Acts, ch 157, §7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.25 - Cessation of jurisdiction of appellate court.

814.25 Cessation of jurisdiction of appellate court.
The jurisdiction of the appellate court shall cease when procedendo is issued. All proceedings for executing the judgment shall be had in the district court or by its clerk.
[C51, §3101, 3102; R60, §4929, 4930; C73, §4542, 4543; C97, §5466; C24, 27, 31, 35, 39, §14016; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.24; C79, 81, §814.25]
85 Acts, ch 157, §8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.26 - Judgment enforced.

814.26 Judgment enforced.
Unless some proceeding in the district court is directed, copies of the judgment of the district court and of the decision on appeal or review, or a copy of the judgment and decision on appeal or review, certified by the clerk of the district court, shall be delivered to the sheriff or proper officer as an execution. The sheriff or proper officer shall be authorized to execute the judgment of the court or take any legal measures required to bring the action to a conclusion.
[R60, §4931; C73, §4544; C97, §5467; C24, 27, 31, 35, 39, §14017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.25; C79, 81, §814.26]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.27 - Time of confinement deducted.

814.27 Time of confinement deducted.
A defendant, confined during the pendency of an unsuccessful review or appeal, or convicted at a new trial ordered by the appellate court, shall have the period of the defendant’s former confinement deducted from the period of confinement fixed on the last verdict of conviction by the district court.
[R60, §4933; C73, §4545; C97, §5468; C24, 27, 31, 35, 39, §14018; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §793.26; C79, 81, §814.27]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.28 - General verdicts.

814.28 General verdicts.
When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, an appellate court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, indictment, or jury instruction is sufficient to sustain the verdict on at least one count.
2019 Acts, ch 140, §32
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 814 - APPEALS FROM THE DISTRICT COURT › Section 814.29 - Guilty pleas — challenges.

814.29 Guilty pleas — challenges.
If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the plea shall not be vacated unless the defendant demonstrates that the defendant more likely than not would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made through a motion in arrest of judgment or on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this section shall have no legal effect.
2019 Acts, ch 140, §33
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.2 - Grand jury clerks and other officers.

815.2 Grand jury clerks and other officers.
The clerk of the grand jury and any assistant clerks and bailiffs of the grand jury appointed by the court, shall receive such compensation as may be set by the court with the approval of the county board of supervisors for time actually and necessarily employed in the performance of the duties prescribed in
rule of criminal procedure 2.3
.
[C97, §5256; S13, §5256; C24, 27, 31, 35, 39, §13696, 13699; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §770.19, 770.22; C79, 81, §815.2]
Referred to in §602.1303
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.3 - Witnesses called to county attorney investigations.

815.3 Witnesses called to county attorney investigations.
Witnesses subpoenaed by the county attorney pursuant to
rule of criminal procedure 2.5
shall receive the same fees and mileage as are allowed witnesses in the district court, and shall be paid in the same manner in which witnesses before the grand jury are paid except that such fees and mileage shall be certified only by the county attorney.
[C79, 81, §815.3]
Referred to in §331.756(68), 602.1303
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.4 - Special witnesses for indigents.

815.4 Special witnesses for indigents.
1. An application for an expert or other witnesses under
Iowa rule of criminal procedure 2.20
shall include a statement attesting that the attorney advised the indigent person of the application, the expected expenses, and the potential for reimbursement of the expenses pursuant to section 815.9.
2. a. The court shall authorize the securing of a witness prior to the witness incurring any expenses.
b. The court shall either set in advance a maximum dollar amount of the claim for expenses or approve the final amount of the claim for expenses as reasonable compensation.
c. The state public defender shall only approve the claim for the expenses of the witness if the securing of the witness was authorized by the court and either the maximum dollar amount of the claim for expenses was set prior to the expenses being incurred or the court has approved the final amount of the claim for expenses as reasonable compensation.
3. A witness secured for an indigent person under
Iowa rule of criminal procedure 2.20
shall file a claim for compensation with the state public defender as required by the rules of the state public defender, and the claim shall be supported by an itemization specifying the time expended, services rendered, and expenses incurred on behalf of the indigent person.
[C79, 81, §815.4]
93 Acts, ch 175, §21; 99 Acts, ch 135, §24; 2012 Acts, ch 1063, §6
Referred to in §815.1, 815.5, 815.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.5 - Expert witnesses for state and defense.

815.5 Expert witnesses for state and defense.
Notwithstanding the provisions of section 622.72, reasonable compensation as determined by the court shall be awarded expert witnesses, expert witnesses for an indigent person referred to in section 815.4, or expert witnesses called by the state in criminal cases.
[C79, 81, §815.5]
93 Acts, ch 175, §22; 99 Acts, ch 135, §25; 2013 Acts, ch 90, §211
See
R.Cr.P. 2.20(4)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.6 - Fees to material witnesses.

815.6 Fees to material witnesses.
Persons confined as material witnesses shall, for each day of confinement, receive such fees as are set by the district court.
[C79, 81, §815.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.8 - Sheriffs’ fees.

815.8 Sheriffs’ fees.
For delivering defendants under the change of venue provisions of
rule of criminal procedure 2.11
or transferring arrested persons under section 804.24, sheriffs are entitled to the same fees as are allowed for the conveyance of persons to institutions under section 331.655.
[C51, §3277; R60, §4741; C73, §4382; C97, §5355; C24, 27, 31, 35, 39, §13825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §778.16; C79, 81, §815.8]
85 Acts, ch 21, §48
Referred to in §331.655
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.10A - Claims for compensation and expense reimbursement.

815.10A Claims for compensation and expense reimbursement.
1. An attorney other than a public defender who has been appointed by the court under this chapter must submit a claim to the state public defender for compensation and reimbursement of expenses incurred in the representation of an indigent person.
2. Claims for compensation and reimbursement submitted by an attorney and claims for any other expenses paid from the indigent defense fund are not considered timely unless the claim is submitted to the state public defender within forty-five days of the date of service, as defined by the state public defender in rules.
3. a. An attorney shall obtain court approval prior to exceeding the fee limitations established by the state public defender pursuant to section 13B.4. An attorney may exceed the fee limitations if good cause for exceeding the fee limitations is shown. An attorney may obtain court approval after exceeding the fee limitations if good cause excusing the attorney’s failure to seek approval prior to exceeding the fee limitations is shown. However, failure to file an application to exceed a fee limitation prior to exceeding the fee limitation does not constitute good cause. The order approving an application to exceed the fee limitations shall be effective from the date of filing the application unless the court order provides an alternative effective date. The application and the court order approving the application to exceed fee limitations and any other order affecting the amount of compensation or reimbursement shall be submitted with any claim for compensation.
b. Except for an application to exceed fee limitations by an attorney or guardian ad litem representing a juvenile in a juvenile proceeding, an application to exceed fee limitations shall include a statement attesting that the attorney advised the indigent person of the application, and the potential for reimbursement of the attorney fees pursuant to section 815.9.
4. If the information is not submitted as required under this section and under the rules of the state public defender, the claim for compensation may be denied until the information is provided. Upon receipt of the required information, the state public defender may approve reasonable and necessary compensation, as provided for in the administrative rules and the law.
2002 Acts, ch 1067, §17; 2004 Acts, ch 1040, §5; 2008 Acts, ch 1061, §7; 2012 Acts, ch 1063, §11; 2013 Acts, ch 56, §5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.11 - Appropriations for indigent defense — fund created.

815.11 Appropriations for indigent defense — fund created.
1. Costs incurred for legal representation by a court-appointed attorney under chapter 229A, 665, 822, or 908, or section 232.141, subsection 3, paragraph “d”, or section 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 815.10 on behalf of an indigent shall be paid from moneys appropriated by the general assembly to the office of the state public defender in the department of inspections and appeals and deposited in an account to be known as the indigent defense fund, except as provided in subsection 2. Costs incurred representing an indigent defendant in a contempt action, representing an indigent juvenile in a juvenile court proceeding, or representing a person pursuant to section 13B.13 are also payable from the fund. However, costs incurred in any administrative proceeding or in any other proceeding under this chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or other provisions of the Code or administrative rules are not payable from the fund.
2. The costs and fees associated with translators, foreign language interpreters, and sign language interpreters are not payable from this fund. The costs and fees of sign language interpreters shall be paid by the county pursuant to section 622B.7, and the costs and fees of translators and foreign language interpreters shall be paid pursuant to section 622A.3 from moneys appropriated by the general assembly to the judicial branch revolving fund created pursuant to section 602.1302, subsection 3.
83 Acts, ch 186, §10139, 10201; 85 Acts, ch 195, §65; 90 Acts, ch 1233, §45; 94 Acts, ch 1187, §25; 98 Acts, ch 1171, §18; 99 Acts, ch 135, §29; 2000 Acts, ch 1115, §8; 2002 Acts, ch 1067, §18; 2003 Acts, ch 51, §5; 2004 Acts, ch 1040, §6; 2005 Acts, ch 107, §9, 14; 2006 Acts, ch 1030, §82; 2006 Acts, ch 1041, §8; 2007 Acts, ch 22, §106; 2008 Acts, ch 1061, §8; 2020 Acts, ch 1040, §2; 2021 Acts, ch 77, §21
Referred to in §13B.1, 13B.4A, 22.7(10), 232.141, 600A.6B, 815.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.12 - Trial jury expenses.

815.12 Trial jury expenses.
The clerk of the district court shall pay fees and mileage due petit jurors, and the costs of food, lodging, and transportation when provided for petit jurors.
83 Acts, ch 186, §10140, 10201
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.13 - Payment of prosecution costs.

815.13 Payment of prosecution costs.
The county or city which has the duty to prosecute a criminal action shall pay the costs of depositions taken on behalf of the prosecution, the costs of transcripts requested by the prosecution, and in criminal actions prosecuted by the county or city under county or city ordinance the fees that are payable to the clerk of the district court for services rendered and the court costs taxed in connection with the trial of the action or appeals from the judgment. The county or city shall pay witness fees and mileage in trials of criminal actions prosecuted by the county or city under county or city ordinance. These fees and costs are recoverable by the county or city from the defendant unless the defendant is found not guilty or the action is dismissed, in which case the state shall pay the witness fees and mileage in cases prosecuted under state law.
83 Acts, ch 186, §10141, 10201; 84 Acts, ch 1178, §12; 84 Acts, ch 1301, §16; 85 Acts, ch 197, §43
Referred to in §331.424
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.14 - Fee for public defender.

815.14 Fee for public defender.
The amount of restitution for the expense of the public defender for each case under section 910.3 or the total cost of legal assistance required to be reimbursed under section 815.9, subsection 3, shall include all expenses incurred in the representation of the person combined with the attorney fees for the public defender calculated at the same hourly rate of compensation specified under section 815.7. The expense of the public defender may exceed the fee limitations established in section 13B.4. The expense of the public defender required to be reimbursed is subject to a determination of the extent to which the person is reasonably able to pay, as provided for in section 815.9 and chapter 910.
2002 Acts, ch 1067, §19; 2012 Acts, ch 1063, §12
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 815 - COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE › Section 815.15 - Violations of local ordinances — reimbursement.

815.15 Violations of local ordinances — reimbursement.
1. If an attorney is appointed in a case to represent an indigent person for an alleged violation of a local ordinance that may require a term of confinement, the office of the state public defender shall seek reimbursement from the political subdivision of the state that was the plaintiff in the case for the compensation paid to and the expenses incurred by the attorney.
2. A political subdivision of the state shall reimburse the office of the state public defender for the compensation and expenses paid from the indigent defense fund in section 815.11 to an attorney who represented the indigent person pursuant to subsection 1.
2017 Acts, ch 88, §6, 7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 816 - DOUBLE JEOPARDY › Section 816.1 - Conviction or acquittal — when a bar.

816.1 Conviction or acquittal — when a bar.
A conviction or acquittal by a judgment upon a verdict shall bar another prosecution for the same offense, notwithstanding a defect in form or substance in the indictment on which the conviction or acquittal took place.
[R60, §4719; C73, §4364; C97, §5339; C24, 27, 31, 35, 39, §13807; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §777.20; C79, 81, §816.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 816 - DOUBLE JEOPARDY › Section 816.2 - Prosecutions barred.

816.2 Prosecutions barred.
When a defendant has been convicted or acquitted upon an indictment for an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment for the same offense charged in the former or for any lower degree of that offense, or for an offense necessarily included therein.
[R60, §4720; C73, §4365; C97, §5340; C24, 27, 31, 35, 39, §13808; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §777.21; C79, 81, §816.2]