Iowa Code » Chapter 816 — DOUBLE JEOPARDY
Iowa Code

Iowa Code § 816.1 (2026)

Conviction or acquittal — when a bar

✓ current as of July 2026
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A conviction or acquittal by a judgment upon a verdict shall bar another prosecution for the same offense, notwithstanding a defect in form or substance in the indictment on which the conviction or acquittal took place. [R60, §4719; C73, §4364; C97, §5339; C24, 27, 31, 35, 39, §13807; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §777.20; C79, 81, §816.1]

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Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1982–2026 · leading case: State v. Boggs, 741 N.W.2d 492 (Iowa 2007).
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State v. Boggs, 741 N.W.2d 492 (Iowa 2007). · cites it 3× “See Iowa Code §§ 816.1 -.4. The first statutory rule bars a second prosecution for the same offense following a conviction or acquittal.”
State v. Burgess, 639 N.W.2d 564 (Iowa 2001). · cites it 2× “” Iowa Code § 816.1 (1999) (“conviction or acquittal by a judgment upon a verdict shall bar another prosecution for the same offense”).”
State v. Franzen, 495 N.W.2d 714 (Iowa 1993). · cites it 2× “Iowa Code section 816.1 provides “conviction or acquittal by a judgment upon a verdict shall bar another prosecution for the same offense.”
State v. Kocher, 542 N.W.2d 556 (Iowa 1996). · cites it 2× “Defendant Kocher also suggests that article I, section 12 of the Iowa Constitution and Iowa Code § 816.1 (1993) are implicated. However, she does not develop an argument along these lines.”
State v. Combs, 316 N.W.2d 880 (Iowa 1982). · cites it 2× “As mentioned, both charges arose from the same transaction, occurrence, facts, circumstances, and episode.”
State v. Shafranek, 576 N.W.2d 115 (Iowa 1998). · cites it 8× “4 and section 816.1. The district court granted the motion on the latter two grounds.”
State v. Chase, 335 N.W.2d 630 (Iowa 1983). · cites it 2× “Iowa Code § 816.1 (1981). Moreover, as the State failed to produce evidence to prove an essential element of serious trespass, Chase cannot be retried for that offense.”
State v. Hamrick, 595 N.W.2d 492 (Iowa 1999). · cites it 2× “In his appeal, Hamrick asserts the kidnaping prosecution offends double jeopardy under the United States and Iowa Constitutions and Iowa Code sections 816.1 and 816.2. He further contends the kidnaping charge is vindictive and a violation of his due process rights under both the…”
State v. Shafrankek, 576 N.W.2d 115 (Iowa 1998). · cites it 8× “4 and section 816.1. The district court granted the motion on the latter two grounds.”
Brody Wesley Walker v. State of Iowa (Iowa Ct. App. 2022). · cites it 2× “See Iowa Code §§ 816.1 (barring a second prosecution for the same offense following a conviction or acquittal), 816.”
State of Iowa v. Dillon Michael Heiller (Iowa 2026). · cites it 2× “1, 18 (1978) (holding that the “Double Jeopardy Clause precludes a second trial once the reviewing court has found the evidence legally insufficient” and that the required remedy “is the direction of a judgment of acquittal”); Iowa Code § 816.1 (“A conviction or acquittal by a…”
State Of Iowa Vs. David Michael Boggs (Iowa 2007). “§ 816.1. The second rule bars a second indictment for the same offense previously charged or any lesser degree of the offense, or for an included offense, when the defendant is convicted or acquitted of an indictment or an offense consisting of different degrees.”
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.