Iowa Code

Iowa Code § 814.5 (2026)

The state as appellant or applicant

✓ current as of July 2026
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1. Right of appeal is granted the state from: a. An order dismissing an indictment, information, or any count thereof. b. A judgment for the defendant on a motion to the indictment or the information.

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Tue Dec 09 21:53:39 2025 Iowa Code 2026, Chapter 814 (26, 0) §814.5, APPEALS FROM THE DISTRICT COURT 2\n\n c. An order arresting judgment or granting a new trial. 2. Discretionary review may be available in the following cases: a. An order dismissing an arrest or search warrant. b. An order suppressing or admitting evidence. c. An order granting or denying a motion for a change of venue. d. A final judgment or order raising a question of law important to the judiciary and the profession. [C79, 81, §814.5; 82 Acts, ch 1021, §8, 12(1)] Referred to in §808B.5

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Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1982–2024 · leading case: State of Iowa v. Sayvon Andre Propps, 897 N.W.2d 91 (Iowa 2017).
State of Iowa v. Sayvon Andre Propps, 897 N.W.2d 91 (Iowa 2017). · cites it 2× “Iowa Code § 814.5 . Rule 6.105 provides the rules for appeals tried as small claims actions.”
State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002). · cites it 2× “35-38-4-2 (state may appeal an order granting a motion to suppress evidence if ultimate effect is to preclude further prosecution); Iowa Code 814.5 (state may appeal order suppressing or admitting evidence); Kan.”
State v. Bullock, 638 N.W.2d 728 (Iowa 2002). · cites it 3× “” Iowa Code § 814.5 (1)©. In Lekin , this court held that an order sustaining a demurrer to some, but not all, counts in a trial information was an ap-pealable final judgment where the charges were separable.”
State v. Smith, 683 N.W.2d 542 (Iowa 2004). “See Iowa Code § 814.5 (2X6); Iowa R.App. P. 6.”
State v. Keehner, 425 N.W.2d 41 (Iowa 1988). · cites it 2× “See Iowa Code § 814.5 (2) (1987). Keehner grounded his suppression motion in what he characterized as a seizure which violated his rights as secured by state and federal constitutions.”
State v. Lasley, 705 N.W.2d 481 (Iowa 2005). “The ground the State relies on provides discretionary review may be available when the underlying case resulted in “[a] final judgment or order raising a question of law important to the judiciary and the profession.”
State v. Soppe, 374 N.W.2d 649 (Iowa 1985). “2d 29, 31 (Iowa 1984); Iowa Code § 814.5 (1983); Iowa R.Crim.P. 6(5).”
State v. Perry, 440 N.W.2d 389 (Iowa 1989). “Iowa Code § 814.5 (1987). On appeal, we reverse and remand.”
State v. Showalter, 427 N.W.2d 166 (Iowa 1988). “See Iowa Code § 814.5 (2)(a). When there is an alleged denial of constitutional rights, we make our own evaluation of the totality of the circumstances in a de novo style review.”
State v. Grice, 515 N.W.2d 20 (Iowa 1994). “Iowa Code § 814.5 (2)(d) (1993). Our review is for correction of errors.”
City of Janesville v. McCartney, 326 N.W.2d 785 (Iowa 1982). · cites it 2× “It is argued that the city cannot appeal as a matter of right under Iowa Code § 814.5 (1) (1981) and did not meet the ten day ( Iowa Code § 814.”
State v. Cain, 400 N.W.2d 582 (Iowa 1987). “Iowa Code § 814.5 (2)(b) (1985). We also allowed the defendant to cross-appeal from the trial court’s denial of the motion to suppress a photograph and his oral statements.”
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