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An appeal is a formal request for a higher court to review a trial court’s decision for legal errors. It is not a new trial but rather a legal examination to determine if mistakes occurred that affected the outcome of the case.
Call the Ikerd Law Firm at (337) 366-8994 for a consultation.
Knowing your rights and options is critical if you believe your conviction or sentence was unjust. The appeals process provides a way to challenge legal errors. It will also reverse conviction, build a new trial, or modify a sentence.
Errors made during trial can violate a defendant’s rights and provide grounds for an appeal.
Common errors include:
The appellate court reviews whether the evidence presented at trial was legally sufficient to support a conviction. If the prosecution failed to meet the burden of proof, the conviction may be overturned.
If a defense attorney’s mistakes or negligence impacted the fairness of the trial, it may serve as grounds for an appeal. However, this argument is usually reserved for post-conviction relief rather than direct appeal.
A defendant can appeal if a sentence exceeds what the law allows.
This often occurs when:
Appeals can be based on violations of a defendant’s constitutional rights, including:
Any criminal defendant convicted of a crime or given an unfair sentence has the right to appeal to Louisiana’s intermediate appellate courts.
Defendants may appeal:
Louisiana law imposes strict deadlines for appeals:
An appeal is a complex legal process that requires a lawyer skilled in Louisiana appellate law. An experienced appeals attorney can analyze trial records, identify errors, and build strong legal arguments.
The Notice of Appeal must be filed with the trial court that issued the judgment. This step must be completed before the deadline, or the right to appeal is lost.
The entire case record, including transcripts and evidence, must be requested and reviewed to identify errors that may justify overturning the conviction or modifying the sentence.
The appellate brief is the core of the appeal and includes:
The prosecutor will file an opposition brief defending the trial court’s decision. The defense lawyer must respond by countering these arguments with legal reasoning.
In some cases, the appellate court schedules oral arguments where attorneys present their case in person. While not always required, this can influence the court’s decision.
The appellate court will review the case and issue a decision. This can take several months to a year.
While an appeal provides a legal avenue to challenge a conviction or sentence, it is not a second trial. There are strict limitations that defendants must understand before proceeding.
Louisiana’s appeals process follows rigid procedural rules. Failure to meet these requirements can result in the dismissal of the appeal.
An appeal is strictly a legal review of the trial court’s record to determine whether errors occurred that affected the outcome of the case.
The appellate court bases its decision only on the existing trial record, which includes:
An appeal cannot correct mistakes based on new witnesses, DNA evidence, or recanted testimony because no new evidence can be introduced. The defendant must seek post-conviction relief rather than an appeal if new evidence is discovered after a conviction.
Failing to file within the required time frame may result in losing the right to appeal.
In Louisiana, these deadlines include:
The appellate court will likely refuse to hear the case if the deadline is missed. In rare circumstances, an appellate court may accept a late appeal. However, this needs a compelling legal justification, such as ineffective assistance of trial counsel for failing to file the appeal in time. (Motion for Out of Time Appeal)
Defendants should act immediately after conviction to ensure they meet all necessary deadlines.
The defendant does not automatically have the right to another appeal if they lose. While every convicted individual has the right to an initial appeal, further appeals are subject to judicial discretion.
If the Court of Appeal denies the appeal, the next step is to request a review by the Louisiana Supreme Court by filing a writ application. But the Louisiana Supreme Court is not required to hear every case.
The Supreme Court selectively chooses which cases to review. The Court has “discretionary supervision,” meaning it gets to pick the cases it wants to hear.
They usually accept cases that:
The conviction and sentence remain in place if the Louisiana Supreme Court denies the writ.
The appeals process is highly technical. One legal error could mean losing your right to challenge your conviction. Working with a knowledgeable appellate lawyer improves your chances of success.
If you’re considering an appeal, contact the Ikerd Law Firm for a consultation. With nearly 15 years of experience and over 200 appeals handled, we are ready to fight for your rights.
A criminal appeal is a legal review of the trial record for errors. No new witnesses or evidence are presented. A new trial is a completely separate proceeding where the case starts over, typically ordered when the appellate court finds significant errors that affected the verdict.
Yes. Under Louisiana law, a defendant can challenge only the sentence without disputing the conviction. This is common when a judge imposes a penalty that exceeds statutory limits or denies parole eligibility when only probation was restricted.
Under La. C.Cr.P. Art. 914, the deadline is 30 days after the rendition of the judgment or ruling. If a motion to reconsider the sentence was filed under Art. 881.1 and denied, the 30-day window begins after that ruling. If both deadlines pass, an out-of-time appeal may still be pursued through post-conviction relief under Art. 930.8 within two years after the conviction and sentence become final.
Based on State v. Crosby, 338 So.2d 584 (La. 1976), a Crosby plea allows a defendant to plead guilty while expressly reserving the right to appeal a specific adverse pretrial ruling. If the appellate court rules in the defendant’s favor on that preserved issue, the guilty plea can be set aside.
No. The appellate court reviews only the existing trial record, including transcripts, motions, and evidence admitted at trial. If new evidence is discovered after conviction, the proper legal path is a motion for post-conviction relief under La. C.Cr.P. Art. 930.3, not a direct appeal.
The next step is filing a writ application with the Louisiana Supreme Court. However, the Supreme Court has discretionary supervisory jurisdiction and is not required to hear every case. If the writ is denied, the conviction and sentence remain in place.
Common grounds include improperly admitted or excluded evidence, incorrect jury instructions, insufficient evidence to support the verdict, sentencing errors that exceed statutory limits, and constitutional violations such as illegal searches, coerced confessions, or denial of the right to counsel.
A direct appeal is filed within 30 days of sentencing and challenges legal errors from the trial record. Post-conviction relief is a separate process under La. C.Cr.P. Arts. 924 through 930.8, used after appeal rights are exhausted, covering claims like newly discovered evidence or ineffective assistance of counsel.
No. Under Louisiana law, filing a motion for appeal does not automatically suspend execution of the sentence. The defendant must request a stay of execution of sentence or seek post-conviction bail. Whether the court grants either depends on the nature of the conviction and the circumstances of the case.
Costs vary based on attorney fees, transcript preparation, and court filing fees. Under La. C.Cr.P. Art. 914.1, transcript and filing costs must be paid within the time delays set by the court. Defendants determined to be indigent may qualify for a state-appointed appellate lawyer.
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