Appealing an Iowa Felony Conviction

People who have been convicted of a felony have the right to avail themselves of the appeals process. An appeal is the procedure whereby an individual requests a higher court to review the decision made by the lower court. The appealing party must file written documents, also known as legal briefs, explaining why they are seeking relief from the appellate court.

How Felonies Are Classified

The state of Iowa has a tiered level for classifying felonies, ranging from a Class A to a Class D felony. These are broken down accordingly:

• Class A—This is the most serious and the sentence is life imprisonment without the possibility of parole. Parole may be granted if the governor of the state has the sentence commuted.
• Class B—This carries a sentence of 25 years in state prison.
• Class C—A sentence of 10 years in prison will be imposed, along with a fine ranging from $1,000 to $10,000.
• Class D—The defendant will face 5 years in prison and a potential fine ranging from $750 to $7,500.

A person labeled as being a habitual or repeat offender will face enhanced penalties. They may be sentenced to a minimum of three years if convicted of Class C or D felonies when it is their third felony offense.

Grounds for Appeals

Anyone who has been convicted of a state crime can have their conviction appealed in the Iowa State Court of Appeals. There are many reasons to file an appeal, some of which include:

• Allowing inadmissible evidence to be used during the trial
• Mistakes the judge made in his or her instructions to the jury
• Jury tampering or juror misconduct
• New evidence in your case is discovered
• Incompetent or ineffective legal counsel

If an appeal is granted, both sides will need to submit written briefs for appellate review and a new verdict will be rendered. The State Court of Appeals can overturn a guilty verdict or even declare a mistrial.

The Appeals Process

The state of Iowa has two appellate courts, which are, the Iowa Supreme Court and the Iowa Court of Appeals. The process begins by appealing directly to the Supreme Court. They will determine if they will hear the case or transfer it to the Court of Appeals. If the Supreme Court decides to hear the case and makes a ruling, their decision is final and no further appeal can be pursued. However, if your case involves a federal constitutional issue, you can possibly make an appeal to the United States Supreme Court.

All appeals must be filed within 30 days from the date of the trial court’s decision. Criminal defendants must serve their sentences while their appeal is pending. During this process, the case will be reviewed and the court will examine the transcripts from the trial. The entire process usually takes more than a year before a ruling is made.

Getting Help From an Attorney

When you are convicted of a crime and sentenced to time in prison, there is still a chance to make an appeal. If legal errors were made during your trial that swayed the outcome, you may have grounds for an appeal. You will need to retain the services of a criminal defense lawyer who is experienced in appellate law. An attorney can request time to argue the case orally before the court of appeals.