Iowa Jury Instruction - Lesser Included Offense
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Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.
?Indictable offense? means an offense other than a simple misdemeanor. 9. ?Indigent person? means a person who is indigent as determined in ance with section 815.9. 10. ?Magistrate? means all judges of the district court, including district associate judges and judicial magistrates throughout the state.
Rule 2.19 - Trial 2.19(1)Order of trial and arguments. After the jury has been impaneled and sworn, the trial shall proceed in the following order: a. The prosecuting attorney must read the accusation from the indictment and state the defendant's plea to the jury.
2.8(1) Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.
For a simple misdemeanor, there shall be a fine of at least one hundred five dollars but not to exceed eight hundred fifty-five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine.
2.8(1) Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.
2.4(1) Defined. An indictment is an accusation in writing, found and presented by a grand jury legally impaneled and sworn to the court in which it is impaneled, charging that the person named therein has committed a public offense. 2.4(2) Use of indictment.
Under Rule 2.33(2)(b), the government is required to proceed to a speedy trial within 90 days after the filing of the trial information. Again, if the government fails to do so, the case must be dismissed absent a waiver or good cause. It is solely the government's responsibility to ensure the deadline is met.