Kent Simmons

Kent Simmons focuses his practice exclusively on criminal defense appeals that proceed after a person has been convicted.  He prepares and argues appeals to the state and federal appellate courts on criminal and postconviction cases. In the federal courts, he litigates appeals seeking his clients' freedom in proceedings in federal criminal cases and on actions for a Writ of Habeas Corpus.  Working out of his office in Bettendorf, Iowa, he provides representation to clients throughout the state. Admitted to practice before all Iowa state courts since 1981, Mr. Simmons is also admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Iowa, the U.S. Court of Appeals for the 8th Circuit and the Supreme Court of the United States.  In 2015, after thirty-five years as a criminal defense jury trial, appellate and postconviction lawyer, Mr. Simmons retired from jury trials to focus on the exclusive pursuit of reversing wrongful convictions in appeals and postconviction trials.  In 2023, he further specialized his practice by turning to litigation of appeals only.  He continues to practice today with that exclusive focus. 

Mr. Simmons has an enviable record of success, and he has been able to obtain positive results for scores of clients, through postconviction and criminal appeals. His colleagues have taken note of his track record as well as his superb ethics, and they have awarded him an AV Preeminent* peer review rating through Martindale-Hubbell.

Mr. Simmons majored in political science at The University of Iowa and received a Bachelor of Arts in 1977. Remaining in Iowa City, he pursued his legal education at The University of Iowa College of Law and was awarded his Juris Doctor in 1980. Mr. Simmons is a member of several professional organizations, including The Iowa State Bar Association (ISBA), the Iowa Association for Justice, and the American Inns of Court.  He was the president of the Scott County Bar Association from 1996 to 1997. Kent was the 2016 recipient of the John Adams Award that is bestowed annually by the Iowa Association of Criminal Defense Lawyers for a career of achievement in defending the Sixth Amendment constitutional right to a fair trial.  He was a founding board member and lead staff attorney for The Innocence Project of Iowa from 2007 to 2019.  Kent served three terms for nine years of service on the prestigious Uniform Jury Instruction Committee for the ISBA.  That committee authors the jury instructions that district court judges all over the state use in directing jurors as to how to reach a verdict.  Mr. Simmons also served on two select committees appointed by the Supreme Court of Iowa. One select committee addresses changes to be made in the Iowa Rules of Criminal Procedure.  The other was a task force that developed and made recommendations to the Supreme Court in 2018 for the improvement of district court procedures in the processes of jury impanelment and selection.  He served a six-year term as a Commissioner on the Iowa State District Judicial Nomination Commission for the Seventh Judicial District.  Kent is currently the editor and author of two chapters in the Thomson Reuters practice manual for lawyers titled Iowa Practice.  His chapters instruct lawyers on Appeals to the Iowa Supreme Court and on Postconviction Procedures.

Successful cases (partial list) : State v. Tracy, 482 N.W.2d 675 (Iowa 1992)(Sexual Abuse conviction reversed for improper use of hearsay); State v. Liggins, 524 N.W.2d 181 (Iowa 1994)(Murder conviction reversed for improper use of evidence of other crimes); State v. Nance, 533 N.W.2d 557 (Iowa 1995)(Murder conviction reversed for improper use of hearsay and use of evidence of other crimes); State v. Sutton, 636 N.W.2d 107 (Iowa 2001)(Homicide by Vehicle conviction reversed for dismissal due to insufficient evidence); U.S. v. Hernandez, 301 F.3d 886 (8th Cir. 2002)(District court affirmed on ruling granting defendant's motion for acquittal); State v. Begey, 672 N.W.2d 747 (Iowa 2003)(Homicide by Vehicle conviction reversed due to judge's refusal to instruct jury on self-defense); Fullenwider v State, 674 N.W.2d 73 (Iowa 2004)(Felony drug and weapon charges reversed for dismissal due to insufficient evidence); State v. Tague, 676 N.W. 2d 197 (Iowa 2004)(Suppression of evidence affirmed for illegal traffic stop); State v. McCoy, 692 N.W.2d 6 (Iowa 2005)(Murder conviction reversed); Hannan v. State, 732 N.W. 2d 45 (Iowa 2007)(Sexual Abuse conviction reversed for improper waiver of right to counsel); Millam v. State, 745 N.W.2d 719 (Iowa 2008)(Sexual Abuse conviction reversed); State v. Cromer, 765 N.W.2d 1 (Iowa 2009)(Sexual Abuse conviction reversed); State v. Bush, 2010 WL 4484401 (Iowa App. 2010)(Murder conviction reversed) Liggins v. State, 2013 WL 5963013 (Iowa App. 2013)(Murder conviction reversed for State's failure to disclose use of informant); State v. Dudley, 856 N.W. 2d 668 (Iowa 2014)(Two counts of Sexual Abuse in the Second Degree reversed for improper hearsay and improper expert testimony.  Jury acquittal on both counts after retrial); State v. Camacho, 2014 WL 4628984 (Iowa App. 2014)(Six counts Sexual Abuse reversed for illegal interrogation); State v. Marshall, 882 N.W.2d 68 (Iowa 2016)(Murder conviction reversed for improper use of informants); State v. Johnson, 2018 WL 1182547 (Iowa App. 2018)(Sexual Abuse conviction reversed for improper amendment of charge); Powers v. State, 911 N.W. 2d 774 (Iowa 2018)(Postconviction trial court reversed for improper denial of discovery); State v. DeWitt, 2019 WL 6894271 (Iowa App. 2019)(Consecutive sentences reversed because State violated plea agreement); State v. Morrise, 2020 WL 4497089 (Iowa App. 2020)(Reversed for new sentencing because judge considered impermissible factor); State v. Moss, No. 21–1190, Iowa Supreme Court, June 2, 2022 (Sentence of imprisonment reversed on State's motion after Defendant filed brief demonstrating judge's use of improper sentencing factors. Defendant was granted probation at resentencing.); State v. Agan, 2023 WL 3092504 (Iowa Ct. App. 2023) (Reversed forcible felony conviction and ordered acquittal on insufficient evidence, while ordering a new sentencing on remaining count. Client was released from prison and granted probation with a deferred judgment on resentencing); State v. Moore, 2023 WL 4755543, (Iowa Ct. App. 2023) (Reversed for new sentencing after court rejected State's argument that defendant had waived right to allocution); State v. Campie, 2023 WL 7391665, (Iowa Ct. App. 2023) (Reversed for new sentencing because of judge's use of improper sentencing factors); State v. Van Fossen,  2024 WL 3688513 (Iowa Ct. App. 2024) (Reversed for resentencing due to judge's failure to provide reason for consecutive sentences); State v. Price, Iowa Supreme Court No. 24-0306, April 30, 2025 (Reversed for new trial on State's motion after Defendant filed brief demonstrating trial judge failed to employ proper colloquy to allow Defendant to dismiss court-appointed counsel for self-representation); State v. Osborn, 2025 WL 1322723 (Iowa Ct. App. 2025) (Reversed for new sentencing due to imposition of illegal split sentence imposing both jail and prison time); State v. Walker, 2026 WL 380007 (Iowa Ct. App. 2026) (Murder conviction reversed for new trial due to trial judge's refusal to dismiss biased prospective juror)

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.