Iowa Code 814.5 – The state as appellant or applicant
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Terms Used In Iowa Code 814.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
814.5 The state as appellant or applicant.
1. Right of appeal is granted the state from:
a. An order dismissing an indictment, information, or any count thereof.
b. A judgment for the defendant on a motion to the indictment or the information.
c. An order arresting judgment or granting a new trial.
2. Discretionary review may be available in the following cases:
a. An order dismissing an arrest or search warrant.
b. An order suppressing or admitting evidence.
c. An order granting or denying a motion for a change of venue.
d. A final judgment or order raising a question of law important to the judiciary and the profession.
[C79, 81, §814.5; 82 Acts, ch 1021, §8, 12(1)]
Referred to in §808B.5
1. Right of appeal is granted the state from:
a. An order dismissing an indictment, information, or any count thereof.
b. A judgment for the defendant on a motion to the indictment or the information.
c. An order arresting judgment or granting a new trial.
2. Discretionary review may be available in the following cases:
a. An order dismissing an arrest or search warrant.
b. An order suppressing or admitting evidence.
c. An order granting or denying a motion for a change of venue.
d. A final judgment or order raising a question of law important to the judiciary and the profession.
[C79, 81, §814.5; 82 Acts, ch 1021, §8, 12(1)]
Referred to in §808B.5