Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
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.
A defendant may file for post-conviction relief if they discover new evidence or can prove ineffective assistance of counsel. This typically happens after all appeal rights have been litigated and extinguished.
If only the sentence is disputed, a defendant can file a motion for reconsideration rather than an appeal. There is a very narrow window of when this can be done: 30 days after the sentence was imposed.
Defendants can apply for clemency or a pardon from the Governor of Louisiana.
Appeals of guilty pleas are limited but may be possible if the plea was not voluntary or legally valid. Other times, a defendant may specifically preserve the right to appeal a legal issue even though they pled guilty, this is called a Crosby plea.
The process can take several months to over a year, depending on the court’s schedule and the complexity of the case.
Filing a writ to the Louisiana Supreme Court or a federal court review in limited cases.
Costs vary based on attorney fees, transcript requests, and court costs. Some defendants qualify for state-appointed appellate lawyers.
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.
