The application shall be heard in, and before any judge of the court in which the conviction
or sentence took place. However, if the applicant is seeking relief under section 822.2,
subsection 1, paragraph “f”, the application shall be heard in, and before any judge of the
court of the county in which the applicant is being confined. A record of the proceedings
shall be made and preserved. All rules and statutes applicable in civil proceedings including
pretrial and discovery procedures are available to the parties. The court may receive proof
of affidavits, depositions, oral testimony, or other evidence, and may order the applicant
brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an
appropriate order with respect to the conviction or sentence in the former proceedings, and
any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of
sentence, or other matters that may be necessary and proper. The court shall make specific
findings of fact, and state expressly its conclusions of law, relating to each issue presented.
This order is a final judgment.
[C71, 73, 75, 77, 79, 81, §663A.7; 81 Acts, ch 198, §3]
C93, §822.7
2006 Acts, ch 1010, §165
\n
Notes of Decisions
Brian K. Allison v. State of iowa, 914 N.W.2d 866 (Iowa 2018).
· cites it 10× “See Iowa Code § 822.7 . Under the rules of civil procedure, Allison argues, he is entitled to a hearing to attempt to prove the allegations in his amended petition.”
Manning v. State, 654 N.W.2d 555 (Iowa 2002).
· cites it 8× “Iowa Code § 822.7 (1999). This section provides that (1) a record of the proceedings shall be made and preserved, (2) all rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties, (3) the court may receive proof…”
Gamble v. State, 723 N.W.2d 443 (Iowa 2006).
· cites it 10× “This is consistent with the general provision of section 822.7 that “[t]he court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented.”
Arnold v. State, 540 N.W.2d 243 (Iowa 1995).
· cites it 4× “He urges that a recorded hearing was required by Iowa Code section 822.7 (1995), which provides that: The application shall be heard in, and before any judge of the court in which the conviction or sentence took place.”
Webb v. State, 555 N.W.2d 824 (Iowa 1996).
· cites it 4× “82 and also Iowa Code section 822.7 clearly indicates refusal to allow Webb personal attendance at the postconvietion hearing was properly within the district court’s discretion.”
Jones v. State, 731 N.W.2d 388 (Iowa 2007).
· cites it 2× “(citing Iowa Code § 822.7 (1999)). We cull the following relevant principles from these decisions.”
Poulin v. State, 525 N.W.2d 815 (Iowa 1994).
· cites it 4× “Iowa Code § 822.7 . However, two statutory methods for summary disposition of postconviction relief applications are provided in Iowa Code section 822.”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013).
“§ 822.7 (stating the court “may receive proof of affidavits, depositions, oral testimony, or other evidence” in a postconviction application hearing); see also Manning v.”
Brown v. State, 589 N.W.2d 273 (Iowa Ct. App. 1998).
· cites it 2× “Iowa Code § 822.7 ; Chartier v. State, 223 N.”
Dan Dorris, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2017).
· cites it 12× “He relies on Iowa Code section 822.7 (2003), which addresses postconviction hearings and provides, “A record of the proceedings shall be made and preserved.”
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.