An appeal from a final judgment entered under this chapter may be taken, perfected, and
prosecuted either by the applicant or by the state in the manner and within the time after
judgment as provided in the rules of appellate procedure for appeals from final judgments in
criminal cases. However, if a party is seeking an appeal under section 822.2, subsection 1,
paragraph “f”, the appeal shall be by writ of certiorari.
[C71, 73, 75, 77, 79, 81, §663A.9]
85 Acts, ch 157, §3; 90 Acts, ch 1043, §1; 92 Acts, ch 1212, §38
C93, §822.9
96 Acts, ch 1018, §1; 2006 Acts, ch 1010, §166
\n
822.10 Rule of construction.
This chapter shall be so interpreted and construed as to effectuate its general purpose to
make uniform the law of those states which enact it.
[C71, 73, 75, 77, 79, 81, §663A.10]
C93, §822.10\n\nTue Dec 09 21:53:28 2025 Iowa Code 2026, Chapter 822 (26, 0)
5 POSTCONVICTION PROCEDURE, §822.11
\n
Notes of Decisions
Cited in
19
cases (
5 in the last 5 years), 1994–2025 · leading case:
James v. State, 541 N.W.2d 864 (Iowa 1995).
James v. State, 541 N.W.2d 864 (Iowa 1995).
· cites it 10× “This change was codified in section 822.9 of the 1993 Iowa Code. In Giles , we ruled this legislation unconstitutional because it violated the single subject and title requirement of Article III, Section 29 of the Iowa Constitution.”
Scott v. State, 517 N.W.2d 718 (Iowa Ct. App. 1994).
· cites it 28× “Iowa Code § 822.9 (1993) (emphasis added); see 1992 Iowa Acts ch.”
State of Iowa v. Jane Doe, 927 N.W.2d 656 (Iowa 2019).
· cites it 4× “1212, § 38 (codified at Iowa Code § 822.9 (1993)). But “once a right of appeal is provided ‘[i]t may not be extended to some and denied to others.”
Giles v. State, 511 N.W.2d 622 (Iowa 1994).
· cites it 4× “1212, § 38 (now codified at Iowa Code § 822.9 (1993)). The amended statute raises two questions pertinent to this appeal.”
Goodrich v. State, 608 N.W.2d 774 (Iowa 2000).
· cites it 4× “The short answer to the State’s contentions is that it has overlooked Iowa Code section 822.9, relating to appeals regarding postconviction relief proceedings.”
Tabor v. State, 519 N.W.2d 378 (Iowa 1994).
· cites it 6× “Iowa Code § 822.9 (1993) (emphasis added).”
Thompson v. State, 524 N.W.2d 160 (Iowa 1994).
· cites it 2× “2d 378 (Iowa 1994), we determined that, notwithstanding the language of Iowa Code section 822.9 (1993), an applicant seeking postconviction relief from prison disciplinary action may appeal to this court as a matter of right.”
Iowa Dep't of Transp. v. Iowa Dist. Court for Linn Cnty., 586 N.W.2d 374 (Iowa 1998).
· cites it 2× “9, now codified at Iowa Code section 822.9, which restricted review of prison disciplinary proceedings to a certiorari procedure, violated the title requirement of article III, section 29.”
Bryson v. Iowa Dist. Court, 515 N.W.2d 10 (Iowa 1994).
· cites it 2× “Bryson attempts to challenge the prison discipline by direct appeal. But, effective July 1, 1992, a party seeking an appeal from a prison disciplinary proceeding must proceed by petition for writ of certiora-ri.”
Donald Dockery, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).
· cites it 2× “Because a direct appeal can only be taken from a final order, see Iowa Code § 822.9 , adopting the State’s view would mean the slow progress of many PCR proceedings would hinder a PCR applicant’s ability to guarantee the statutory right to effective counsel has been fulfilled.”
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.