The application shall identify the proceedings in which the applicant was convicted, give
the date of the entry of the judgment of conviction or sentence complained of, specifically set
forth the grounds upon which the application is based, and clearly state the relief desired.
Facts within the personal knowledge of the applicant shall be set forth separately from other
allegations of facts and shall be verified as provided in section 822.3. Affidavits, records, or
other evidence supporting its allegations shall be attached to the application or the application
shall recite why they are not attached. The application shall identify all previous proceedings,
together with the grounds therein asserted, taken by the applicant to secure relief from the
conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.
[C71, 73, 75, 77, 79, 81, §663A.4]
C93, §822.4
\n
Notes of Decisions
David Scott Daughenbaugh v. State of Iowa, 805 N.W.2d 591 (Iowa 2011).
· cites it 15× “In addition, Iowa Code section 822.4 provides that the applicant must allege “the date of the entry of the judgment of conviction or sentence complained of.”
Jesse James Jackson v. John F. Ault, 452 F.3d 734 (8th Cir. 2006).
“” Iowa Code § 822.4 . Jackson’s application for counsel simply stated “I am starting my PCR, and I need counsel in order to help me file correctly.”
McKinley Dudley v. State of Iowa (Iowa Ct. App. 2022).
· cites it 4× “The State moved to dismiss the PCR action for failure to state any claim that complied with Iowa Code section 822.4 (2020)4 and because the application 3 Dudley was also convicted of interference with official acts, a simple misdemeanor, in SMSM014130.”
Jimmy Dean Stevens, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).
· cites it 2× “See Iowa Code section 822.4. I disagree with the majority that the date of the Rhoades decision in 2014 constitutes a change of law breathing life into Stevens’ claims in this case because “judicial notice of an adjudicatory fact in a prior proceeding does not 10 automatically…”
State of Iowa v. Tyjaun Levell Tucker (Iowa 2021).
· cites it 2× “3 and section 822.4 include specific pleading, the attachments of documents, and inclusion of affidavits, records, and other evidence.”
State of Iowa v. Tyjaun Levell Tucker (Iowa 2021).
· cites it 2× “3 and section 822.4 include specific pleading, the attachments of documents, and inclusion of affidavits, records, and other evidence.”
State of Iowa v. George Davis (Iowa 2022).
· cites it 2× “” Iowa Code § 822.4 . Further, “facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in section 822.”
Mark Douglas Morgan v. State of Iowa (Iowa Ct. App. 2022).
· cites it 2× “” On September 15, the district court—without notice—dismissed the PCR application stating: Th[e] application does not identify the proceeding in which the Applicant was convicted or the date of the conviction, as required by Iowa Code Section 822.4. Further, the application…”
Ray Gene Triplett, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014).
· cites it 2× “1 Additionally, Iowa Code section 822.4 requires the postconviction relief applicant to specifically set forth the grounds upon which the application is based in the application itself, which Triplett failed to do.”
Robinson v. State (Iowa Ct. App. 2018).
“See Iowa Code § 822.4 (2015); Allen, 402 N.W.2d at 443 .”
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