Evidence

2.21(1) Rules. Chapter 5 Iowa Rules of Evidence apply to criminal proceedings. 2.21(2) Questions of law and fact. In a jury trial of a criminal case, questions of law are decided by the court and questions of fact are determined by the jury. 2.21(3) Corroboration of accomplice or person solicited. A conviction cannot be had upon the testimony of an accomplice or a solicited person unless corroborated by other evidence, which shall tend to connect the defendant with the commission of the offense. Corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. Corroboration of the testimony of victims shall not be required. 2.21(4) Confession of the defendant. The confession of the defendant, unless made in open court, will not warrant a conviction unless accompanied with other proof that the defendant committed the offense. 2.21(5) Disposition of exhibits. a. In all criminal cases other than class “A” felonies, the clerk of court may dispose of all exhibits when 180 days have elapsed after the expiration of all sentences imposed in the case. In class “A” felonies, the clerk may dispose of all exhibits 180 days after the death of the defendant. b. In no event shall the clerk of court dispose of exhibits when there is a pending appeal or postconviction-relief action. c. Disposal of firearms and ammunition shall be by delivery to the department of public safety for disposition as provided by law. Disposal of controlled substances shall be by delivery to the seizing law enforcement agency for disposal under Iowa Code section 124.506. d. Any motion for return of an exhibit must be filed before the date when the clerk of court is permitted to dispose of the exhibit. [66GA, ch 1245(2), §1301; 67GA, ch 153, §61 to 63; 1983 Iowa Acts, ch 37, §7; 1985 Iowa Acts, ch 174, §15; Court Order January 2, 1996, effective March 1, 1996; Report November 9, 2001, effective February 15, 2002; Court Order October 14, 2022, effective July 1, 2023; August 30, 2024; effective October 30, 2024]