NOTICE: Appeals in Iowa are governed by the Rules of Appellate Procedure and are time sensitive, have specific requirements, and the requirements vary as per type of case.  It is highly suggested that if an appeal is contemplated, that the defendant contact an attorney immediately or the opportunity to appeal may be lost due to a missed time deadline. The Iowa Supreme Court will usually not waive missed deadlines and missed deadlines may be grounds for ineffective assistance of counsel claims if an attorney is representing the client.

    Generally it is advisable to utilize the attorney of record for the appeal.  If no new attorney is hired or appointed, the trial attorney of record is deemed by the Iowa Supreme Court to be the attorney in the appeallate court unless notice is given to all parties and clerk of the Supreme Court (except for the attorney for a minor child- Iowa Code section 598.12).  Iowa R. App. P. 6.109(4).  The trial attorney may only withdraw with permission of the court after serving notice to all parties.  Iowa R. App. P. 6.109(5).

TIMELINES FOR APPEAL:

1.    To start an appeal, the defendant (called appellant in the appeals court) must sign and file a Notice of Appeal (Rule 6.1401 Form 1).  The Notice of Appeal must indicate what order the defendant is appealling (must be a final order or seek interlocutory appeal), date of order, signature of defendant, and name, address, phone number, fax number, and email address of defendant or his/her attorney.  This notice was must be served upon the District Court and Clerk of Court for the Iowa Supreme Court and all parties (normally County Attorney for the State) and the appellant or person serving the parties sign a service notice that all parties were served on the date served.

    The time requirement for filing and serving the Notice of Appeal differs per type of case and the Rules of Appellate Procedure should be consulted for all requirements. 

•     Normally for termination of parental rights and CINA cases under Iowa Code chapter 232, the Notice must be filed within 15 days after the filing of the order or judgment- or 15 days after filing of the ruling on a motion timely filed.  The rules require both counsel and appellant signatures for CINA and termination of parental rights cases.
•     In all other cases the Notice of Appeal must be filed within 30 days after the filing of the final order or judgment unless a motion is timely filed and then the notice must be filed within 30 days after the filing of the ruling on the motion.

 2.    Within four days after the filing of the Notice of Appeal, the district court clerk must transmit a certified copy of the notice of appeal, docket, and calendar entries to supreme court clerk and all parties.

 3.    Within seven days after filing of Notice of Appeal, the appellant pays filing fee (unless waiver of filing fee filed).  Iowa R. App. P. 6.702.  The Appellant must also order the transcript by filing the Combined Certificate with the District Court and Clerk of Iowa Supreme Court and serving the certificate on all parties and court reporter. Iowa R. App. P. 6.803, 6.804.

3a.  For CINA and termination cases only, the appellant files a petition on appeal within 15 days after filing the notice of appeal. Rules 6.102(1)(b), 6.201. The other parties may file a Response to the petiion within 15 days of the service of petition.  Rule 6.202.  No briefs are required unless requested by the court.

 4.   Within 40 days from service of Combined Certificate, (20 days for criminal proceedings when appealling judgment and sentence entered upon a guilty plea or sentence only) (30 days for appeals from Iowa Code chapter 232 CINA and termination proceedings) the court reporter files the original transcript with the supreme court clerk and serves certificate on parties and clerk of district court.  Iowa R. App. P. 6.803(3).

 5.    Once the last transcript has been filed, then briefing deadlines are run from the date of the last transcript filing.  The Appellant's proof brief must be filed within 50 days after the clerk gives notice that the last transcipt has been filed.  The Appellant files 2 copies of the proof brief and designation of the record with the clerk of the Iowa Supreme Court and one copy on other parties.  Iowa R. App. P. 6.901(1), 6.905(1).  This timeline is shortened for expedited cases such as CINA and termination of parental rights.  Briefs have very specific requirements for form and the rules should be consulted for the requirements.

6.  Within 30 days after service of Appellant's proof brief, the appellee files 2 copies of its proof brief and designation with supreme court clerk and serves one copy on other parties.  Rules 6.901(1), 6.905(1).

7.  Within 21 days after service or expiration of time of service of Appellee's proof brief, appellant files 18 copies of appendix with supreme court clerk and copy on other parties.  Rule 6.905(11).

8.  Within 14 days after service of appendix, each party serves and files party's final brief.  Rule 6.901(3).

9.  Within 7 days after all briefs have been served or time for service expired, appellant shall request transmission of remaining record from clerk of district court.

10.  If a briefing is requested, then the court will schedule a briefing (unless CINA or termination case, then a briefing will only be scheduled if the court requests a briefing).

MOTION IN ARREST OF JUDGMENT:

   If the defendant has entered a guilty plea (whether written or in person), in most cases, a Motion in Arrest of Judgment (Iowa R. Crim. P. 2.24(3)) must be filed to allow the plea to be withdrawn.  Failure to file a Motion in Arrest of Judgment precludes many, if not most, grounds for a criminal conviction appeal.  The Motion in Arrest of Judgment must be filed within 45 days of the date of plea and no later than 5 days prior to sentencing.  Thus, if the written plea and sentencing are held on the same date, then it is impossible to enter a Motion in Arrest of Judgment (as the motion must be filed no later than 5 days prior to sentencing). 

    Failure to file a Motion in Arrest of Judgment following a guilty plea may preclude the defendant's right to assert a challenge on appeal as to the adequacy of a guilty plea.  State v. Loye, 670 N.W.2d 141, 149 (Iowa 2003).  State v. Miller, 590 N.W.2d 724, 725 (Iowa 1999). Iowa R. Crim. P. 2.24(3)(a).  In most cases, the failure to file the motion, bars a direct appeal of the conviction.  However, the failure does not bar a challenge to a guilty plea if the failure to file the motion resulted from ineffective assistance of counsel.  State v. Brooks, 555 N.W.2d 446, 448 (Iowa 1996).  Miller, 590 N.W.2d at 725.

     A guilty plea waives all defenses and objections which were not intrinsic to the plea itself.  Speed v. State, 626 N.W.2d 158,159 (Iowa 2000).  The State expects a finality in the conviction when the defendant pleads guilty by waiving his right to trial,   State v. Mann, 602 N.W.2d 785,789 (Iowa 1999), but the defendant may still challenge his sentencing.  Even a constitutional challenge that would undermine the defendant's conviction would, with a few exceptions, be waived by a guilty plea.  Mann, 602 N.W.2d at 789.  

     There are 5 challenges which are not waived by a plea of guilty.  State v. LaRue, 619 N.W.2d 395,397 (Iowa 2000).

1. Insufficient trial information or facial constitutional vagueness of the statute he was convicted.  State v. White, 545 N.W.2d 552, 554 (Iowa 1996). State v. Robinson, 618 N.W.2d 306,312 (Iowa 2000).

2. Plea was uninformed or involuntary.  State v. Nikkel, 597 N.W.2d 486,487-88 (Iowa 1999).  The judge is required to personally address the defendant to determine whether he understands the charge, is aware of the penal consequences of the plea, that the plea is voluntary, and that there is a factual basis for the plea.  State v. Sisco, 169 N.W.2d 542 (Iowa 1969).  Ryan v. Iowa State Penitentiary, 218 N.W.2d 616 (Iowa 1974).

3. Claim of double jeopardy.  State v. Baehler,  604 N.W.2d 601, 602 n. 1 (Iowa 1999).

4.  A challenge to the sentencing statute.  Mann, 602 N.W.2d at 789-90 (Iowa 1999).

5.  Ineffective assistance of counsel which calls into question the voluntariness of the defendant's plea.  Mott v. State, 407 N.W.2d 581, 582-83 (Iowa 1987). 

      Normally, ineffective assistance of counsel claims are handled via postconviction relief procedures, since the record is usually not clear enough to address the claim on direct appeal. State v. Atley, 564 N.W.2d 817, 833 (Iowa 1997).  However, if the record is clear, ineffective assistance of counsel claims can be raised for the first time on appeal.

      To establish ineffective assistance of counsel the appellant must establish both, Strickland v. Washington, 466 U.S. 668, 687-88 (1984), that:

1.  Counsel failed to perform an essential duty (measured against the standard of a reasonably competent practicioner with the presumption that the attorney performed his duties in a competent manner.  State v. Dalton, 674 N.W.2d 111, 119 (Iowa 2004).

2. The failure resulted in prejudice.  The defendant must show that there is a reasonable probability that, but for counsel's errors, he or she would not have pleaded guilty and would have insisted on going to trial.  Hill v. Lockart, 731 F.2d 568, 573 (8th Cir. 1984). In only rare cases, will the defendant be able to muster enough evidence to prove prejudice without a postconviction relief hearing.  State v. Atley, 564,N.W.2d 817, 833 (Iowa 1997).

Other Options for Review of Conviction/Sentencing

1.  Reconsideration of Sentence (Iowa Code section 902.4): 

    The court may review its sentence for a period of up to one year from which a person convicted of a felony begins to serve his/her sentence of confinement (other than a Class A felony or a felony for which a minimum sentence of confinement is imposed).  The district court retains jurisdiction to review the sentence.  The court may on its own motion or on recommendation of the director of Iowa Department of Corrections, return the person to court to review its previous action and the sentence.  The defendant or defendant's attorney may enter a motion for a hearing which the court has discretion whether to hold a hearing or not.  The court shall not disclose its decision to reconsider the sentence until the date reconsideration is ordered or the one-year period expires, whichever occurs first.  The consideration whether to reconsider or not is not subject to appeal.

2.  Post Conviction Relief (Iowa Code chapter 822).

     Under Iowa Code section 822.2(1), post conviction relief is available to:

a. A conviction or sentence in violation of the Constitution of the United States or of Iowa.

b. The court lacked jurisdiction to impose the sentence

c.  The sentence exceeded the maximum authorized by law

d. There exists evidence of material facts, not previously presented and heard that requires vacation of the conviction or sentence in the interest of justice

e.  The person's sentence has expired, or probation, parole, or conditional release has been unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint.

f.  The person's reduction of sentence pursuant to sections 903A.1 through 902A.7 has been unlawfully forfeited and the person has exhausted the appeal procedure of section 903A.3, subsection 2.

g.  The conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error formerly available under any common law, statutory, or other writ, motion, peition, proceedcing, or remedy, except alleged error relating to restitution, court costs, or fees under section 904.702 or chapter 815 or 910.

    The applicant begins post conviction relief by filing an application verified by the clerk of court for the district in which the conviction or sentence took place,  Iowa Code section 822.3, unless the applicant is seeking relief under subparagraph f above, then the applicant files in the county being confined within 90 days from the date of the final disciplinary decision.  All other applications must be filed within 3 years from the date of conviction, final decision, or date the writ of procedendo was issued. If there are facts that the applicant did not know within the 3 year period, the applicable time frame may not apply.

3.  Motion for New Trial (Iowa R. Crim. P. 2.24(2)).

     Application for a new trial must be made by the defendant and not later than 45 days after the verdict was rendered, but not later than five days before the date setting judgment.  A motion for a new trial must be heard and determined within 30 days from the date it was filed, except upon good cause.

     If new evidence is discovered, though, the motion may be made after judgment.

     A new trial may be granted as per Iowa R. Crim. P. 2.24(2)(b) for:

1.  Trial held in absence of defendant except as under rule 2.27.

2.  When jury received any evidence, paper or docment out of court not authorized by the court.

3.  When the jury separated without leave of court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and just consideration of the case.

4.  When verdict has been decided by lot or by means other than a fair expression of opinion on the part of all jurors.

5. When the court has misdirected the jury in a material matter of law, or has erred in the decision of any question of law during the course of the trial, or when the prosecuting attorney has been guilty of prejudicial misconduct during the trial thereof before a jury.

6.  When the verdict is contrary to law or evidence.

7.  When the court has refused properly to instruct the jury.

8.  When the defendant has discovered important and material evidence in the defendant's favor since the verdict, whicht eh defendant could not with reasonable diligence have discovered and produced at trial.

9.  When from any other cause the defendant has not received a fair and impartial trial.

 4. Habeas Corpus (Iowa Code Chapter 663)

     The petition for habeas corpus must be sworn by person or applicant and state according to Iowa Code section 663.1:

a.  That the person is restrained of person's liberty, and the person by whom and the place where the person is so restrained, mentioning the names of the parties, and describing them with as much particularity as practicable.

b.  Cause or pretense of such restraint, and if by virtue of any legal process, a copy of the process or reason for its absence.

c.  That restraint is illegal, and wherein.

d. That legality of restraint has not already been adjudged upon a prior proceeding of same character to best knowledge and belief of applicant.

e.  Whether application for writ has been before made to and refused by any court or judge, and if so, a copy of the petition must by attached with reasons for refusal or satisfactory reasons for failure to do so.

It is not permissible to question the correctness of the action of a court or judge when lawfully acting within the scope of his authority.  Iowa Code Section 663.36.

Application must be made to the court most convenient in distance to the applicant.

5.  Wrongful Imprisonment Cause of Action (Iowa Code chapter 663A)

   If the individual was charged with an aggravated misdemeanor or felony; did not plead guilty to the offense charged or to any lesser included offenses; and was convicted by a court or jury of an offense classified as an aggravated misdemeanor or felony and sentenced to imprisonment for a term not to exceed 2 years for an aggravated misdemeanor or to an indeterminate term for a felony; and the conviction was vacated, dismissed, or reversed with no further proceedings against the individual; and the individual imprisoned solely on the conviction that was vactated, dismissed or reversed, a wrongful imprisonment cause of action may be available.

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