Iowa Code

Iowa Code § 822.2 (2026)

Situations where law applicable

✓ current as of July 2026

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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

Cited in 229 cases (91 in the last 5 years), 1994–2026 · leading case: Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018).

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Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). · 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, 911 N.W.2d 137 (Iowa 2018). · 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, 659 N.W.2d 509 (Iowa 2003). · 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, 773 N.W.2d 228 (Iowa 2009). · cites it 18× “See Iowa Code § 822.2 (5) (2003) (now codified at Iowa Code § 822.”

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). · cites it 12× “Iowa Code § 822.2 (1)(d). 18 reanalysis of physical evidence can be distinguished.”

David Scott Daughenbaugh v. State of Iowa, 805 N.W.2d 591 (Iowa 2011). · cites it 12× “” Iowa Code § 822.2 (1). In addition, Iowa Code section 822.”

Reilly v. Iowa Dist. Court for Henry Cnty., 783 N.W.2d 490 (Iowa 2010). · cites it 10× “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Dykstra v. Iowa Dist. Court for Jones Cnty., 783 N.W.2d 473 (Iowa 2010). · cites it 10× “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Brian K. Allison v. State of iowa, 914 N.W.2d 866 (Iowa 2018). · 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, 639 N.W.2d 28 (Iowa 2002). · 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, 572 N.W.2d 183 (Iowa Ct. App. 1997). · cites it 14× “Iowa Code § 822.2 (4) (1995) (emphasis added).”

State v. Johnson, 784 N.W.2d 192 (Iowa 2010). · 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.”

Show all 229 citing cases →

— Iowa Code § 822.2(1) — 17 cases

Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). “” 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, 911 N.W.2d 137 (Iowa 2018). “" 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, 659 N.W.2d 509 (Iowa 2003). “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, 914 N.W.2d 866 (Iowa 2018). “, 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.”

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). “Iowa Code § 822.2 (1)(d). 18 reanalysis of physical evidence can be distinguished.”

— Iowa Code § 822.2(1)(a) — 19 cases

Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). “” Iowa Code § 822.2 (1). 10 We have previously discussed the meaning of the term “conviction” under section 822.”

Travis Bomgaars, Kyle Cross, Anthony Gomez, James Hall, Raymond Labelle, Shane Millett, & Kelly Sand v. State of Iowa (Iowa 2021).

Philip Mears v. State Pub. Def. (Iowa Ct. App. 2014).

Joshua McDonald v. State of Iowa (Iowa Ct. App. 2022).

William Paul Roland v. State of Iowa (Iowa Ct. App. 2026).

— Iowa Code § 822.2(1)(c) — 1 case

Travis Bomgaars, Kyle Cross, Anthony Gomez, James Hall, Raymond Labelle, Shane Millett, & Kelly Sand v. State of Iowa (Iowa 2021).

— Iowa Code § 822.2(1)(d) — 25 cases

Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018). “” Iowa Code § 822.2 (1). 10 We have previously discussed the meaning of the term “conviction” under section 822.”

David M. Powers v. State of Iowa, 911 N.W.2d 774 (Iowa 2018). “Iowa Code § 822.2 (1)(d). 18 reanalysis of physical evidence can be distinguished.”

Euric Abray Fountain v. State of Iowa (Iowa Ct. App. 2022).

Alejandro Garcia v. State of Iowa (Iowa Ct. App. 2025).

Lha Southideth-Whiten, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).

— Iowa Code § 822.2(1)(e) — 15 cases

Reilly v. Iowa Dist. Court for Henry Cnty., 783 N.W.2d 490 (Iowa 2010). “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Dykstra v. Iowa Dist. Court for Jones Cnty., 783 N.W.2d 473 (Iowa 2010). “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Gary Pettit v. Iowa Dep't of Corr., 891 N.W.2d 189 (Iowa 2017).

Mark Donnell Fassett, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).

Travis Bomgaars, Kyle Cross, Anthony Gomez, James Hall, Raymond Labelle, Shane Millett, & Kelly Sand v. State of Iowa (Iowa 2021).

— Iowa Code § 822.2(1)(f) — 19 cases

Reilly v. Iowa Dist. Court for Henry Cnty., 783 N.W.2d 490 (Iowa 2010). “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Dykstra v. Iowa Dist. Court for Jones Cnty., 783 N.W.2d 473 (Iowa 2010). “Iowa Code section 822.2 was amended effective July 1, 2006 to make non-substantive corrections.”

Off. of Citizens' Aide/Ombudsman v. Deb Edwards & Iowa Dep't of Corr., 825 N.W.2d 8 (Iowa 2012).

Gary Pettit v. Iowa Dep't of Corr., 891 N.W.2d 189 (Iowa 2017).

State of Iowa v. Iowa Dist. Court for Jasper Cnty. (Iowa Ct. App. 2021).

— Iowa Code § 822.2(1)(g) — 4 cases

Nathan Paul Valin v. State of Iowa (Iowa Ct. App. 2021).

James Farnsworth II. v. State of Iowa (Iowa 2022).

State of Iowa v. Ronald Richard Pagliai (Iowa 2026).

— Iowa Code § 822.2(2) — 5 cases

Nathan Paul Valin v. State of Iowa (Iowa Ct. App. 2021).

Gustaf Roy Carlson v. State of Iowa (Iowa Ct. App. 2025).

Jacob Cullum v. State of Iowa (Iowa Ct. App. 2026).

Richard John Siemer Jr, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).

Duane Maynord Huffer v. State of Iowa (Iowa Ct. App. 2026).

— Iowa Code § 822.2(4) — 5 cases

Grissom v. State, 572 N.W.2d 183 (Iowa Ct. App. 1997). “Iowa Code § 822.2 (4) (1995) (emphasis added).”

Summage v. State, 579 N.W.2d 821 (Iowa 1998).

Albert Benny Whiteside, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).

— Iowa Code § 822.2(5) — 2 cases

Maghee v. State, 773 N.W.2d 228 (Iowa 2009). “See Iowa Code § 822.2 (5) (2003) (now codified at Iowa Code § 822.”

Connor v. State, 630 N.W.2d 846 (Iowa Ct. App. 2001).

— Iowa Code § 822.2(6) — 6 cases

Maghee v. State, 639 N.W.2d 28 (Iowa 2002). “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…”

Sanford v. Manternach, 601 N.W.2d 360 (Iowa 1999).

State Pub. Def. v. Iowa Dist. Court for Jones, Lee, & Henry Counties, 629 N.W.2d 82 (Iowa 2001).

Tabor v. State, 519 N.W.2d 378 (Iowa 1994).

Jose Ruesga, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014).

— Iowa Code § 822.2(7) — 1 case

State v. Brewer, 547 N.W.2d 15 (Iowa Ct. App. 1996).

— Iowa Code § 822.2(d) — 1 case

Chad Enderle, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014).

— Iowa Code § 822.2(e) — 1 case

Shawn Allen James v. State of Iowa (Iowa 2016).

— Iowa Code § 822.2(l)(a) — 1 case

State of Iowa v. Jeffrey K. Ragland, 812 N.W.2d 654 (Iowa 2012).

— Iowa Code § 822.2(l)(f) — 1 case

Boss v. Ludwick, 863 F. Supp. 2d 845 (N.D. Iowa 2012).

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.