1. Any person who has been convicted of, or sentenced for, a public offense and who
claims any of the following may institute, without paying a filing fee, a proceeding under this
chapter to secure relief:
a. The conviction or sentence was in violation of the Constitution of the United States or
the Constitution or laws of this state.
b. The court was without jurisdiction to impose sentence.
c. The sentence exceeds the maximum authorized by law.
d. There exists evidence of material facts, not previously presented and heard, that
requires vacation of the conviction or sentence in the interest of justice.
e. The person’s sentence has expired, or probation, parole, or conditional release has been
unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint.
f. The person’s reduction of sentence pursuant to sections 903A.1 through 903A.7 has been
unlawfully forfeited and the person has exhausted the appeal procedure of section 903A.3,
subsection 2.
g. The conviction or sentence is otherwise subject to collateral attack upon any ground
of alleged error formerly available under any common law, statutory or other writ, motion,
petition, proceeding, or remedy, except alleged error relating to restitution, court costs, or
fees under section 904.702 or chapter 815 or 910.
h. The results of DNA profiling ordered pursuant to an application filed under section
81.10 would have changed the outcome of the trial or voided the factual basis of a guilty plea
had the profiling been conducted prior to the conviction.
2. This remedy is not a substitute for nor does it affect any remedy, incident to the
proceedings in the trial court, or of direct review of the sentence or conviction. Except as
otherwise provided in this chapter, it comprehends and takes the place of all other common
law, statutory, or other remedies formerly available for challenging the validity of the
conviction or sentence. It shall be used exclusively in place of them.
[C71, 73, 75, 77, 79, 81, §663A.2; 81 Acts, ch 198, §1, 2]
83 Acts, ch 147, §10, 14; 86 Acts, ch 1075, §3
C93, §822.2
2006 Acts, ch 1010, §162; 2019 Acts, ch 149, §7
Referred to in §822.3, 822.3A, 822.5, 822.7, 822.9\n\nTue Dec 09 21:53:28 2025 Iowa Code 2026, Chapter 822 (26, 0)
§822.3, POSTCONVICTION PROCEDURE 2
\n
Notes of Decisions
Jacob Lee Schmidt v. State of Iowa (2018)
iowa · cites it 80×
“” Iowa Code § 822.2 (1). 10 We have previously discussed the meaning of the term “conviction” under section 822.”
Martin Shane Moon v. State of Iowa (2018)
iowa · cites it 31×
“" Iowa Code § 822.2 (1)( a ). To show a Brady violation, Moon "must prove by a preponderance of the evidence '(1) the prosecution suppressed evidence; (2) the evidence was favorable to the defendant; and (3) the evidence was material to the issue of guilt.”
Harrington v. State (2003)
iowa · cites it 30×
“See Iowa Code § 822.2 (4). To succeed on such a claim an applicant must establish, among other things, that the newly discovered evidence is material, not merely cumulative or impeaching, and would probably have changed the outcome of the trial.”
Maghee v. State (2009)
iowa · cites it 18×
“See Iowa Code § 822.2 (5) (2003) (now codified at Iowa Code § 822.”
Brian K. Allison v. State of iowa (2018)
iowa · cites it 2×
“, those not filed under section 822.2(1)( f ) ] must be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of procedendo is issued.”
Maghee v. State (2002)
iowa · cites it 12×
“5 provided, in part: If an applicant confined in a state institution seeks relief under section 822.2, subsection 6 [a claim that good time has been unlawfully forfeited], and the court finds in favor of the applicant, or when relief is denied and costs and expenses referred to…”
Grissom v. State (1997)
iowactapp · cites it 14×
“Iowa Code § 822.2 (4) (1995) (emphasis added).”
State v. Johnson (2010)
iowa · cites it 2×
“Iowa Code § 822.2 (1). This chapter includes a claim/issue preservation provision that states: All grounds for relief available to an applicant under this chapter must be raised in the applicant’s original, supplemental or- amended application.”
— Iowa Code § 822.2(1) — 17 cases
Martin Shane Moon v. State of Iowa (2018)
iowa
“" Iowa Code § 822.2 (1)( a ). To show a Brady violation, Moon "must prove by a preponderance of the evidence '(1) the prosecution suppressed evidence; (2) the evidence was favorable to the defendant; and (3) the evidence was material to the issue of guilt.”
Harrington v. State (2003)
iowa
“See Iowa Code § 822.2 (4). To succeed on such a claim an applicant must establish, among other things, that the newly discovered evidence is material, not merely cumulative or impeaching, and would probably have changed the outcome of the trial.”
Brian K. Allison v. State of iowa (2018)
iowa
“, those not filed under section 822.2(1)( f ) ] must be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of procedendo is issued.”
— Iowa Code § 822.2(1)(a) — 19 cases
— Iowa Code § 822.2(1)(c) — 1 case
— Iowa Code § 822.2(1)(d) — 25 cases
— Iowa Code § 822.2(1)(e) — 15 cases
— Iowa Code § 822.2(1)(f) — 19 cases
— Iowa Code § 822.2(1)(g) — 4 cases
— Iowa Code § 822.2(2) — 5 cases
— Iowa Code § 822.2(4) — 5 cases
Harrington v. State (2003)
iowa
“See Iowa Code § 822.2 (4). To succeed on such a claim an applicant must establish, among other things, that the newly discovered evidence is material, not merely cumulative or impeaching, and would probably have changed the outcome of the trial.”
Martin Shane Moon v. State of Iowa (2018)
iowa
“" Iowa Code § 822.2 (1)( a ). To show a Brady violation, Moon "must prove by a preponderance of the evidence '(1) the prosecution suppressed evidence; (2) the evidence was favorable to the defendant; and (3) the evidence was material to the issue of guilt.”
Grissom v. State (1997)
iowactapp
“Iowa Code § 822.2 (4) (1995) (emphasis added).”
— Iowa Code § 822.2(5) — 2 cases
Maghee v. State (2009)
iowa
“See Iowa Code § 822.2 (5) (2003) (now codified at Iowa Code § 822.”
— Iowa Code § 822.2(6) — 6 cases
Maghee v. State (2002)
iowa
“5 provided, in part: If an applicant confined in a state institution seeks relief under section 822.2, subsection 6 [a claim that good time has been unlawfully forfeited], and the court finds in favor of the applicant, or when relief is denied and costs and expenses referred to…”
— Iowa Code § 822.2(7) — 1 case
— Iowa Code § 822.2(d) — 1 case
— Iowa Code § 822.2(e) — 1 case
— Iowa Code § 822.2(l)(a) — 1 case
— Iowa Code § 822.2(l)(f) — 1 case
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.