APPEALS – FAQ
Iowa Criminal Appeals
An appeal is not a new trial. The appellate courts generally review what happened in the district court to determine whether a legal error occurred and whether that error provides a basis for relief. New witnesses and new evidence are generally not presented on direct appeal.
Criminal appeals can involve issues arising from trial, sentencing, suppression rulings, guilty pleas, and other district court proceedings. The availability and scope of an appeal depend on how the case was resolved and what issues were preserved in the district court.
Lucas Taylor represents defendants in criminal appeals before the Iowa Court of Appeals and Iowa Supreme Court.
What Is the Deadline to File an Appeal?
In most Iowa cases, a notice of appeal must be filed within 30 days after the filing of the final order or judgment. Iowa Rule of Appellate Procedure 6.101 governs the deadline for filing a notice of appeal.
Appellate deadlines are strict, and different rules can apply depending on the type of case and the order being challenged. Certain timely filings may also affect when the appeal period begins to run.
Because the deadline can determine whether appellate review is available, a defendant considering an appeal should contact an attorney as soon as possible after judgment or sentencing.
What Happens After an Appeal Is Filed?
Once the appeal is initiated, the appellate process generally involves preparation of the record, preparation of any necessary transcripts, briefing by the parties, and review by the appellate court.
The appellant’s brief identifies the issues being challenged and explains why the district court should be reversed or otherwise corrected. The State then has an opportunity to respond, and the appellant may have an opportunity to file a reply brief.
Some cases are decided based entirely on the written briefs. In other cases, the appellate court may order oral argument.
How Long Does the Briefing Process Take?
The Iowa Rules of Appellate Procedure establish deadlines for each stage of briefing.
In a typical nonexpedited appeal, the appellant’s brief is due within 50 days after the clerk of the supreme court gives notice of the briefing deadline. The appellee generally then has 30 days to file a responsive brief, and the appellant may file a reply brief within 21 days.
Different and shorter deadlines apply to expedited appeals, including certain criminal appeals following guilty pleas and appeals involving only a sentence or resentencing order.
Iowa Appellate Briefing Timeline
The Iowa Supreme Court’s appellate procedure timeline provides a useful illustration of the typical briefing process. The chart is only a general guide, and the Iowa Rules of Appellate Procedure control the actual deadlines in a particular case. The chart itself notes that expedited cases use shorter briefing periods.
You can also download it here:
How Much Does an Appeal Cost?
The cost of an appeal varies substantially depending on the case.
Costs can include the appellate filing fee, preparation of transcripts, and attorney fees. A case involving a lengthy jury trial may require review of thousands of pages of transcripts and exhibits, while an appeal involving a narrow sentencing issue may require a much smaller record.
A defendant who qualifies as indigent may be entitled to appointed appellate counsel and payment of certain appellate expenses at State expense.
Can I Appeal If I Pleaded Guilty?
Sometimes.
Iowa Code § 814.6 limits the right to appeal following a guilty plea. Except for a guilty plea to a class “A” felony, a defendant who pleaded guilty generally must establish good cause before pursuing a direct appeal.
Whether good cause exists depends on the issue being raised. Certain sentencing challenges, for example, may provide good cause to appeal even though the defendant pleaded guilty.
Iowa law also permits a conditional guilty plea in limited circumstances. With the consent of the prosecutor and the defendant or defense counsel, a defendant may enter a conditional plea that preserves a specified issue for appellate review.
Because guilty pleas can substantially affect both the right to appeal and the issues that can be raised, the particular plea proceedings and appellate issue should be reviewed carefully.
Can I Appeal a Suppression Ruling?
Usually, a defendant does not immediately appeal an adverse suppression ruling while the criminal case is still pending.
Whether a suppression issue can ultimately be reviewed on appeal depends on how the case proceeds and whether the issue has been properly preserved. Iowa law now also permits conditional guilty pleas in qualifying cases, which may allow a specified issue to be preserved for appellate review without proceeding to trial.
The procedural route matters. A defendant considering a plea after losing a suppression motion should understand how that plea may affect the ability to challenge the ruling later.
What If I Missed the 30-Day Appeal Deadline?
Missing the ordinary appeal deadline can create a serious problem, but it does not necessarily mean that no remedy exists.
In limited circumstances, an Iowa appellate court may permit a delayed appeal. Whether that remedy is available depends on why the appeal was not timely filed and the circumstances surrounding the missed deadline.
A defendant may also have claims that can be pursued through an application for postconviction relief under Iowa Code chapter 822. Postconviction relief is a separate proceeding and is not simply an extension of the direct-appeal deadline.
Anyone who believes an appeal deadline has been missed should have the case reviewed promptly to determine what options remain.
What Can an Appellate Court Do?
The available relief depends on the issue and the error involved.
An appellate court may affirm the district court, reverse a conviction, vacate a sentence, order a new trial, order resentencing, or remand the case to the district court for additional proceedings.
An appeal therefore does not necessarily result in the entire criminal case being dismissed. The remedy generally depends on the particular legal error identified by the appellate court.
Iowa Criminal Appeals Attorney
Appeals require a different type of work than district court litigation. The appellate record must be reviewed closely, potential errors must be identified and preserved issues separated from those that cannot properly be raised on direct appeal, and the legal arguments must be presented through written briefing.
Lucas Taylor has represented criminal defendants before both the Iowa Court of Appeals and the Iowa Supreme Court, including cases involving constitutional issues, suppression of evidence, statutory interpretation, sentencing, and criminal procedure.