Legal Question in Criminal Law in Iowa

Sexual assault 2nd degree with a child

My Brother resides in Iowa and has been found guilty of this, his sentencing hearing is set for March 2nd. His attorney is telling us at this time he is going to file for a mistrial. All my research leads me to believe it is too late for a mistrial am I correct?


Asked on 2/01/07, 3:48 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Sexual assault 2nd degree with a child

Generally speaking motions of this nature must be made at the close of trial or shortly thereafter. A motion for a new trial must be made within 45 days of the verdict but not less than 5 days before the date set for pronouncing judgment. A motion in arrest of judgment must be filed within 45 days as well.

See Iowa Rule of Criminal Procedure 2.24

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Answered on 2/01/07, 5:49 pm


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