appeals
Gourley, Rehkemper & Lindholm PLC
criminal appellate
Attorneys
iowa criminal appeal
Iowa Appellate Court - Iowa Supreme Court
An appeal is often times a person’s last chance at avoiding the negative repercussions of a criminal conviction. When the district court (where the initial trial proceedings are held) rules against a defendant in a criminal prosecution, the defendant has the absolute right to appeal any and all adverse rulings if he/she is convicted. There are some important considerations however, that anybody considering a criminal appeal should be aware of.
notice of appeal
First, a Notice of Appeal must be filed within 30 days from the date of judgment is entered at the defendant’s sentencing. Notice of Appeal must be filed with the district court clerk of court and a copy must be served on the Attorney General. A copy must also be forwarded to the Iowa Supreme Court. If Notice of Appeal is not filed within 30 days after sentencing the appeal will be completely barred.
no guilty pleads
Second, a conviction may not be appealed if the defendant pleads guilty and admits guilt. If a defendant wishes to contest an adverse pretrial motion ruling such as a motion to suppress evidence that was denied, or contends that he/she should not have been found guilty, a guilty plea will waive any of those issues on appeal. The defendant must be found guilty either by a judge or a jury following trial for those issues to be properly preserved on appeal. If a defendant pleads guilty, the only thing that can be contested on appeal is the sentence imposed, whether or not the judge followed the proper procedure and protocol for accepting the defendant’s guilty plea, and whether the defendant received ineffective assistance of counsel.
appealing a sentence
Third, an appeal contesting the sentence imposed is far and away the most difficult appeal for a defendant to win. So long as the sentence imposed is within the statutory authorized range, the appellate court reviews the sentence for an “abuse of discretion.” In these situations the sentence imposed is most always upheld so long as the sentencing judge did not consider on the record, any inappropriate factors.
appeal bond
Finally, appeal bond is not available for all offenses. When a notice of appeal is filed, the court also sets an appeal bond which is similar to an appearance bond in the district court. If a defendant posts the appeal bond, the sentence is stayed or put on hold, pending the outcome of the appeal. However, there are certain offenses that a convicted defendant is NOT permitted to post an appeal bond. They must remain in custody pending the outcome of the appeal. They are as follows:
Drug Conspiracy includes Manufacture for Delivery or Delivery or Possession with Intent or Conspiracy to Deliver Amphetamine or Methamphetamine to a Minor.
Sexually Violent Predator includes any public offense committed while detained as a
sexually violent predator.
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