Iowa Code

Iowa Code § 822.1 (2026)

Statutes not applicable to convicted persons

✓ current as of July 2026
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The provisions of sections 663.1 through 663.44, inclusive, shall not apply to persons convicted of, or sentenced for, a public offense. [C71, 73, 75, 77, 79, 81, §663A.1] C93, §822.1

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Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2014–2022 · leading case: State of Iowa v. Victor Hernandez-Galarza, 864 N.W.2d 122 (Iowa 2015).
State of Iowa v. Victor Hernandez-Galarza, 864 N.W.2d 122 (Iowa 2015). · cites it 12× “1 (1971) and now found at Iowa Code § 822.1 (2011)). Today, Iowa Code section 822.”
In the Matter of R.M.d, Alleged to Be Seriously Mentally Impaired, R.M.d (Iowa Ct. App. 2016). · cites it 10× “” Iowa Code § 822.1 . Section 822.1 is inapposite.”
James Lee Blair-Bey v. Iowa State Penitentiary (Iowa Ct. App. 2020). · cites it 4× “” Iowa Code § 822.1 . “A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.”
Jackie Knight v. State of Iowa (Iowa Ct. App. 2018). · cites it 2× “” Iowa Code § 822.1 . “A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.”
Clarence G. Bryant v. State of Iowa (Iowa Ct. App. 2019). · cites it 2× “” On appeal, Bryant argues the plain language of section 822.1 allows a PCR applicant to file without paying a filing fee.”
State of Iowa v. Ronald Dean Agee (Iowa Ct. App. 2019). · cites it 2× “” Iowa Code § 822.1 . The proper procedure to challenge a public offense conviction or sentence requires an application for postconviction relief under chapter 822.”
Adam Michael Rees v. State of Iowa (Iowa Ct. App. 2021). · cites it 2× “Moreover, Rees’s challenge to IDOC’s application of his jail 4 credit may fall under other provisions of Iowa Code section 822.1 What we do know is Rees’s convictions arose in Grundy County, and if venue is improper, Iowa Rule of Civil Procedural 1.”
Mark Douglas Morgan v. State of Iowa (Iowa Ct. App. 2022). · cites it 2× “Even assuming the facts alleged by Morgan are true, we are not persuaded section 822.1 offers him a path to relief.”
Victor Hernandez Galarza v. State of Iowa (Iowa Ct. App. 2014). · cites it 2× “” Iowa Code § 822.1 . Because a deferred judgment is not a conviction, it may be subject to a collateral attack by writ of habeas corpus under chapter 663.”
Fernando Sandoval v. State of Iowa, 919 N.W.2d 766 (Iowa Ct. App. 2018). “§ 822.1. Furthermore, the habeas corpus issue is not preserved for our review, as it was not raised in the district court.”
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