The Civil Division of the Linn County Attorney's Office is charged with the duties of providing legal assistance to the various departments of the County, including real estate and risk management, to defend legal actions against Linn County and all post conviction relief actions, to bring legal action in the name of Linn County and to bring forfeiture actions in the name of the State of Iowa resulting from criminal cases.
Appeals/Post-Conviction Relief (PCR)
After sentencing, the two main avenues for a defendant to challenge the prosecution, conviction and sentence are (1)appeals, and (2) petitions for post-conviction relief.
After a defendant has been convicted of a crime, he/she has the right to appeal his/her conviction and/or sentence. An appeal is a formal request from the defendant and/or the defendant's attorney asking for an appellate court to review the case to determine if all of the defendant's rights were observed and that the proper procedures and laws were followed. Depending on the type of appeal, either the Linn County Attorney's Office or the Iowa Attorney General's Office will handle it on behalf of the State. Cases on appeal are reviewed in writing. In some cases, oral arguments of the attorneys are heard by the appellate court. The testimony of victims and witnesses is not allowed.
Any person who has been convicted of and sentenced [or who receives a deferred judgment] for a criminal offense may institute a civil petition to attack the conviction (PCR). Defendants may file a PCR if they believe: following appeal, the conviction or sentence was in violation of the U.S. or Iowa Constitution; the Court was without jurisdiction to render judgment or impose sentence; the sentence imposed exceeded the maximum allowed by law; the person is being held in custody after the sentence imposed has expired; newly discovered material facts exist that may have changed the outcome; or, there has been a significant change in the law that applies to the defendant. A PCR must be filed within ninety (90) days after the judgment and sentence, or within thirty (30) days after the denial of a direct appeal. PCR applications are handled by the Civil Division of the Linn County Attorney's Office.
