In a previous blog post, I discussed the process and purpose of filing a motion for a new trial. Now, I will discuss what happens if a motion for a new trial is unsuccessful. In the event that a motion for a new trial is unsuccessful, the next option is to appeal. An appeal allows a defendant to request relief from an appellate court from the judgment or sentence of a trial court. On appeal, the appellate court can consider all errors designated in the assignment of errors and any error discovered by inspecting the pleadings and proceedings without reviewing the evidence.
To appeal a case in Louisiana, a defendant or his or her Louisiana criminal defense attorney must make a motion for an appeal. A motion for appeal can be made orally or in writing by filing a written motion with the Clerk of the Court. It is imperative that a motion for an appeal be filed no more than thirty (30) days after the judgement or ruling you wish to appeal. However, if you file a motion to reconsider your sentence, the motion for appeal must be made no more than thirty (30) days after the ruling on the motion to reconsider the sentence. Contemporaneous with the motion for appeal, the transcript of that portion of the proceedings necessary for review must be requested.
Pursuant to the Louisiana Code of Criminal Procedure, if the transcript is requested by an attorney, he or she “must certify there are good grounds for such request in light of the assignment of errors to be urged.” Unless the defendant has been determined to be indigent, the cost for preparing the transcript must be paid to the appropriate party within twenty-one (21) days of mailing the appeal notice. Moreover, the costs for filing the appeal must also be paid to the appellate court in the same 21-day period. Failure to pay the requisite fees may come with consequences, including a fine of up to five hundred ($500.00) dollars to be paid by the appellant or their attorney or both or a dismissal of the appeal.
When a proper motion for appeal has been made, the trial court has seventy-two hours, not including legal holidays, to grant or deny the motion. If the motion is granted, a return date which is seventy-five days from the date the motion for appeal is granted shall be set unless the trial judge fixes a lesser period. Thereafter, within seven days of the date that the motion for appeal is made, you must forward notice that a motion for appeal has been made to the appropriate appellate court.
It is important that all of the necessary steps be taken to appeal a judgment or sentence to prevent the appeal from being dismissed or considered improper or untimely.
Connect with a Louisiana Criminal Defense Attorney Today
Having the right appellate lawyer can make all the difference when seeking to have a case remanded to the trial court. The Law Offices of Philip B. Adams are not only experienced Louisiana criminal defense lawyers, but we are also experienced, appellate lawyers.
We are located in Shreveport, Louisiana, and we handle criminal appeals throughout the state of Louisiana. To learn more about our firm, please check out our website and submit your request online to set up a free consultation.