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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Each case is unique; consult a licensed attorney for advice specific to your situation.
Louisiana direct criminal appeals must be filed within 30 days of conviction. They can challenge legal errors, constitutional violations, and improper sentencing—but cannot introduce new evidence or dispute jury credibility determinations. Appeals address questions of law, not facts.
The verdict is in: Guilty.
Right now, your family is experiencing raw anger—anger at the jury, anger at the prosecutor, and most often, anger at the lawyer who was supposed to protect your loved one.
Every family that calls us says the same thing: “We need to get it back on appeal. We need a do-over.”
You are right to look for a way to “get it back.” You watched the trial, you know the facts, and you naturally believe your family member. Your conviction that a mistake was made is the reason the appeal process exists.
But you have to stop thinking about a “do-over” and start thinking about a written surgical strike.
The most important truth about a Louisiana criminal appeal is this: it is not a retrial.
The appeal court (the Court of Appeal or the Louisiana Supreme Court) will not listen to new witnesses, read new evidence, or judge whether the jury made the correct choice on the facts. The jury’s decision on who to believe is final.
Your first step now is to hire the specialist who knows how to read those blueprints.
A Direct Criminal Appeal in Louisiana is based entirely on the Trial Record. We cannot invent evidence or bring in a surprise witness. We only use what was already done and filed in the court below.
This is the rule that causes the most anger and confusion for families upset with their trial counsel:
To challenge a specific error (like the introduction of bad evidence or an incorrect jury instruction) on direct appeal, the trial lawyer must have made a formal, timely objection in the courtroom.
This forces us to focus our review on Preserved Errors. The good news is that we are also required to search for two other key types of errors:
When a specialist reviews the massive record, we are hunting for one of three types of errors that are serious enough to reverse the conviction or reduce the sentence.
This is the most powerful and desired win. If successful, the conviction is reversed, and the client is acquitted (released, with no retrial possible).
We are not arguing that the jury shouldn’t have believed the witness. We are arguing that, even viewing all the prosecution’s evidence in the light most favorable to them, no rational jury could have found the essential elements of the crime proven beyond a reasonable doubt.
If the judge allowed the trial to proceed based on an incorrect understanding or application of the law, that is a preserved error. These claims focus your anger away from the jury and toward the person who controlled the legal process—the judge.
Even if the conviction stands, we have a constitutional fight against the length of the sentence.
The Louisiana Constitution protects citizens against excessive punishment. A sentence can be legally excessive, even if it falls within the range set by the law.
Our strategy is two-fold:
We know how to use this provision to save years of a client’s life.
This is where an honest specialist provides clarity: even if we find an error, the fight is not over.
The court can admit the trial judge made a mistake but still uphold the conviction if they believe the mistake was “harmless.”
The burden is on us, the defense, to prove not only that the mistake happened, but that it prejudiced your loved one—that is, the error was significant enough that it likely changed the outcome of the trial. Proving prejudice is the hardest part of the appeal, and it is where precise legal writing and strategy are vital.
If your anger at the trial attorney stems from their missing a crucial filing, failing to call a key witness, or failing to object to a critical piece of evidence, that is usually an Ineffective Assistance of Counsel (IAC) claim.
This is important: IAC claims are generally not brought on direct appeal. That fight is usually reserved for the slower, separate Post-Conviction Relief (PCR) process that begins after the direct appeal is resolved.
We must assess your case immediately to see if the error can be fixed on the fast track (Direct Appeal) or requires the deep investigation of the PCR track. We know the difference, and we know how to write the winning brief for either path.
You have a right to challenge this conviction, and you deserve a specialist with a proven record of arguing and winning at the highest levels of Louisiana courts.
The Deadline: The motion for appeal must be filed within 30 days of the final ruling on the sentence. This deadline is jurisdictional—miss it, and your case must be forced onto Path 2.
The Cost of Waiting: If the 30-day deadline is missed, the right to appeal is not lost forever, but you must fight for an out-of-time appeal through the complicated PCR process. This is exponentially harder and slower, and requires the court to agree that your prior lawyer was incompetent simply for missing the deadline. Waiting is a profound mistake.
Do not let anxiety or confusion cause you to miss this deadline. Call us now. We will assess the trial record, determine the best path (Direct Appeal or PCR), and bring our decades of specialized experience to your family’s fight.
Contact Ikerd Law Firm today for a free, confidential case review. We will assess your deadline and determine the fastest, best path forward for your case.
In most felony cases, the sentence continues during the appeal. Release pending appeal is rare and depends on the charge, sentence length, and the judge’s discretion.
Yes, in limited circumstances. Appeal bonds are discretionary and are generally unavailable for violent felonies or long sentences.
No. Probation, parole, or incarceration typically continues unless a court specifically orders otherwise.
Sometimes. Appeals after guilty pleas are limited and usually focus on sentencing errors or specific pre-plea rulings that were preserved.
Yes. Misdemeanor convictions can be appealed, though they are often handled in different appellate courts and may move faster.
Unpublished opinions resolve the case but do not create binding precedent. They still fully control the outcome of the defendant’s appeal.
Court reporters prepare transcripts after the appeal is filed. Delays in transcript preparation are one of the most common causes of slow appeals.
Only to the extent that the issue was raised through motions or objections in the trial court. The appellate court does not independently investigate police actions.
Yes. Each defendant’s appeal is evaluated individually, even if they were tried together.
Yes. A successful sentence reduction or conviction reversal can significantly change parole timelines.
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