Rule 2.28 – Right to appointed counsel

by | May 13, 2021 | Criminal Procedure, Iowa

2. 28(1)Representation. Every defendant who is an indigent person as defined in Iowa Code section 815.9 is entitled to have counsel appointed to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before the...

Rule 2.26 – Execution and stay thereof

by | May 13, 2021 | Criminal Procedure, Iowa

2. 26(1)Mechanics of execution.a. Copy of judgment. When a judgment of confinement, either in the penitentiary or county jail or other detention facility, is pronounced, an execution, consisting of a certified copy of the entry of judgment must be forthwith furnished...

Rule 2.25 – Bill of exceptions

by | May 13, 2021 | Criminal Procedure, Iowa

2. 25(1)Purpose. The purpose of a bill of exceptions is to make the proceedings or evidence appear of record which would not otherwise so appear.2. 25(2)What constitutes record; exceptions unnecessary. All papers pertaining to the cause and filed with the clerk, and...

Rule 2.24 – Motions after trial

by | May 13, 2021 | Criminal Procedure, Iowa

2. 24(1)In general. Permissible motions after trial include motions for new trial, motions in arrest of judgment, and motions to correct a sentence.2. 24(2)New trial.a. Procedural steps in seeking or ordering new trial. The application for a new trial can be made only...

Rule 2.23 – Judgment

by | May 13, 2021 | Criminal Procedure, Iowa

2. 23(1)Entry of judgment of acquittal or conviction. Upon a verdict of not guilty for the defendant, or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately. Upon a plea of guilty, verdict of...