Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Legal Disclaimer: This article provides general legal information about criminal appeals and appellate representation in Louisiana. It does not constitute legal advice and should not be relied upon as such. Every case is unique, and outcomes depend on specific facts and circumstances. If you or a loved one is considering an appeal in Louisiana, consult with a qualified Louisiana criminal defense appellate attorney to discuss your individual situation.
The verdict came in, and it was not the outcome you expected. Now you are trying to understand your next step. Your trial attorney says they can handle the appeal. Someone else told you to find a specialist. And you are not sure how to evaluate either piece of advice.
This is one of the most important decisions in a criminal case, and it deserves a clear-eyed answer rather than a reflexive one. Whether to keep your trial attorney for the appeal or bring in a dedicated appellate lawyer depends on specific factors unique to your situation. Some of those factors strongly favor keeping continuity of counsel. Others point just as strongly toward fresh eyes.
What neither option involves is a guarantee. Louisiana’s appellate courts apply well-defined standards of review that govern what kinds of errors can produce a reversal, and the strength of any appeal depends on whether the record was properly preserved at trial and whether appellate counsel can identify and frame the most compelling arguments. Understanding how that process works is the first step toward making an informed decision.
If you are weighing your appellate options after a conviction in Louisiana, the Lafayette criminal defense attorneys at Ikerd Law Firm can help you understand what your record may support. Call (337) 366-8994 for a consultation.
Louisiana criminal appeals flow through the Louisiana Courts of Appeal, of which there are five circuits.
For an overview of how our Lafayette criminal appeals attorneys approach post-conviction representation, see our Criminal Appeals practice page. Appeals from the courts of appeal may be sought in the Louisiana Supreme Court on questions of law.
In capital cases where a death sentence has actually been imposed, the appeal goes directly and automatically to the Louisiana Supreme Court. Cases where the defendant was eligible for death but received a life sentence follow the normal appellate path through the circuit court of appeal.
The most important structural feature of the Louisiana appellate process for this discussion is the preservation requirement.
Most legal errors must be objected to at trial in order to be raised on appeal. If trial counsel failed to lodge a contemporaneous objection, many claims are procedurally defaulted on direct appeal. That rule has a direct bearing on which attorney is best positioned to handle the appeal.
In many cases, continuity of counsel makes genuine practical sense. Trial counsel was present throughout the proceedings. They know the witnesses, the exhibits, the evidentiary rulings, the jury instructions, and the specific procedural history in a way that a new attorney will need time to reconstruct from the cold record.
These advantages of continuity are real. So are the reasons why many experienced practitioners recommend a separate appellate attorney, particularly in serious cases.
If part of your potential appeal involves a claim that trial counsel performed deficiently, keeping that same attorney to handle the appeal creates an obvious and serious conflict of interest. An attorney cannot objectively evaluate their own performance and argue to an appellate court that their trial work fell below the constitutional standard.
Under Strickland v. Washington, a claim of ineffective assistance requires showing both deficient performance and prejudice. Louisiana courts apply this standard, and the claim must be developed in a post-conviction relief proceeding if it was not properly raised on direct appeal.
If trial counsel’s decisions are part of what needs to be examined, that examination requires independent counsel.
Trial advocacy and appellate advocacy are related but distinct disciplines. Trial attorneys persuade juries through oral examination, cross-examination, and courtroom presence.
Appellate attorneys persuade judges through written briefs, precise legal argument, and a deep familiarity with the standard of review applicable to each type of claim.
A skilled appellate attorney approaches the record looking for legal error, constitutional violations, preserved objections that were incorrectly decided, improper jury instructions, prosecutorial misconduct, or sentencing errors.
That forensic review of the written record is not something every trial attorney performs routinely, and the quality of the brief often determines whether an appeal succeeds.
An attorney who tried a case can develop cognitive blind spots about it. The theories they advanced at trial are the theories they return to. The arguments they did not make may not occur to them on appeal.
A new appellate attorney approaches the record without those commitments. They are not defending the strategy that was employed at trial. They are asking a clean question: what does this record actually support as grounds for reversal? That objectivity can identify errors that continuity of counsel would overlook.
In lengthy or multi-defendant trials involving voluminous testimony and numerous evidentiary rulings, the appellate record may be extensive. Specialized appellate attorneys who work with complex criminal records routinely have the infrastructure to manage and analyze that kind of volume efficiently.
There is no universal answer. These are the questions that tend to drive the decision.
Direct appeal is not the only avenue available after a Louisiana conviction. Louisiana Code of Criminal Procedure Article 924 et seq. governs applications for post-conviction relief, which can address claims of newly discovered evidence, constitutional violations, and ineffective assistance of counsel claims that were not cognizable on direct appeal.
Post-conviction proceedings require careful attention to these procedural rules. Failing to meet the applicable deadlines can permanently cut off available claims, including those based on newly discovered evidence.
An attorney with experience in Louisiana post-conviction practice understands how to develop ineffective assistance claims through evidentiary hearings and how to preserve federal habeas corpus rights for cases where federal review may be appropriate.
If you received a conviction in Louisiana and you are trying to understand whether an appeal makes sense and who should handle it, contact us at the Ikerd Law Firm to discuss your situation. We handle criminal appeals and post-conviction matters throughout the Acadiana region and Texas.
Call us today at (337) 366-8994.
Yes. You have the right to choose your counsel on appeal. The transition requires that new counsel obtain and review the complete trial record, which includes transcripts, exhibits, and all motions. While this takes time and investment, it is often worth it when trial counsel lacks appellate experience or when the appeal may involve questions about trial counsel’s own performance.
In Louisiana, a motion for appeal in a felony case must generally be made within thirty days of the sentence. The specific deadlines depend on the type of proceeding and what relief is sought. Missing an appellate deadline can forfeit the right to a direct appeal entirely. Contact an attorney immediately after sentencing.
Ineffective assistance of counsel claims generally require development of facts outside the trial record and are typically best addressed through a post-conviction relief application rather than on direct appeal.
Louisiana courts will sometimes consider such claims on direct appeal when the record is sufficient, but in most cases the appropriate vehicle is an Article 924 application. An attorney can assess which approach applies to your case.
The standard of review applied by Louisiana courts of appeal depends on the type of claim. Questions of law are reviewed de novo. Factual determinations are reviewed for manifest error or abuse of discretion. Constitutional claims carry their own standards. The applicable standard of review shapes how appellate arguments must be framed and what the court will actually evaluate.
How long does a criminal appeal take in Louisiana?
The timeline varies significantly depending on the complexity of the case, the length of the trial record, and the workload of the appellate court. Routine felony appeals may take one to two years or more from the filing of the motion for appeal to a final decision. Post-conviction proceedings involve their own separate timelines.
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