The court shall receive all relevant and material evidence offered at the hearing and shall not be bound by the formal rules of evidence. The evidence shall include the psychiatric evaluation ordered under section 812.3 or conducted within thirty days of the probable cause finding.
1. If the court finds the defendant is competent to stand trial, the court shall reinstate the criminal proceedings suspended under section 812.3.
2. If the court, by a preponderance of the evidence, finds the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend the criminal proceedings indefinitely and order the defendant to be placed in a treatment program pursuant to section 812.6 and shall make further findings of record as necessary under section 812.6. [C51, §3264 – 3267; R60, §5020 – 5023; C73, §4625 – 4628; C97, §5543; C24, 27, 31, 35, 39, §13908; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §783.4; C79, 81, §812.5] 83 Acts, ch 96, §157, 159; 85 Acts, ch 21, §47; 94 Acts, ch 1079, §2; 2004 Acts, ch 1084, §7 \n
Notes of Decisions
State of Iowa v. Kenneth L. Lilly, 930 N.W.2d 319 (Iowa 2019).
· cites it 3× “See Iowa Code §§ 812.5 , .8(5). Willis consented to a search of his vehicle, a point the prosecution used at trial to show that Willis was not trying to hide anything from the police.”
State v. Lyman, 776 N.W.2d 865 (Iowa 2010).
· cites it 2× “See Iowa Code § 812.5 (stating the court shall receive all relevant evidence and make the determination of a defendant’s competency to stand trial).”
United States v. Kevin Dalasta, 856 F.3d 549 (8th Cir. 2017).
“Based on an evaluation by psychiatrist Michael Taylor, the state court suspended the proceedings indefinitely, see Iowa Code § 812.5 (2), and granted the State’s request for additional medical examination to determine if Dalas-ta could be restored to competency.”
State v. Stradt, 556 N.W.2d 149 (Iowa 1996).
· cites it 2× “” Finally, section 812.5 governs the court’s conduct upon restoration of the defendant’s mental capacity.”
State of Iowa v. Lukouxs Alan Brown (Iowa 2025).
· cites it 7× “See Iowa Code §§ 812.5 (2), .6. The defendant’s treatment providers have superior knowledge regarding the defendant’s mental health, and they are obligated to regularly report on the defendant’s condition to the district court.”
State of Iowa v. Clarence Edward Reed Jr. (Iowa Ct. App. 2025).
· cites it 5× “” Iowa Code § 812.5 (1). Here, the court did so by entering an order resetting the trial date in accordance with the parties’ joint request.”
Paul Henry Cannon v. State of Iowa (Iowa Ct. App. 2019).
· cites it 2× “Iowa Code § 812.5 (2). If the defendant’s competency is later restored, the proceedings are reinstated.”
— Iowa Code § 812.5(1) — 2 cases
State of Iowa v. Lukouxs Alan Brown (Iowa 2025).
“See Iowa Code §§ 812.5 (2), .6. The defendant’s treatment providers have superior knowledge regarding the defendant’s mental health, and they are obligated to regularly report on the defendant’s condition to the district court.”
— Iowa Code § 812.5(2) — 3 cases
State of Iowa v. Lukouxs Alan Brown (Iowa 2025).
“See Iowa Code §§ 812.5 (2), .6. The defendant’s treatment providers have superior knowledge regarding the defendant’s mental health, and they are obligated to regularly report on the defendant’s condition to the district court.”
State of Iowa v. Clarence Edward Reed Jr. (Iowa Ct. App. 2025).
“” Iowa Code § 812.5 (1). Here, the court did so by entering an order resetting the trial date in accordance with the parties’ joint request.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.