Appeals Procedures

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PROCEDURES FOR TRIAL ATTORNEYS SEEKING AN APPEAL

Applicable for Trial Attorneys in Public Defender Cases

* The following procedures apply to trial attorneys seeking an appeal for individuals who were represented at the trial level in their capacity as a public defender. Private attorneys can find appropriate appellate procedures below.

Upon conviction after trial, the trial attorney (or designated office personnel) shall:

  1. Search the individual’s name and appropriate case within defenderData, the Office of the State Public Defender’s case management system.
  1. Select the “Appeal” button at the top of the screen, the Appeal Request form will pop up.
  1. Fill out the relevant fields and select save. This will initiate an appeal within defenderData, notify the Deputy State Public Defender of a new case, and automatically create a case file.
  1. File the appropriate post-trial motions, Motion for New Trial and Motion for Post Verdict Judgment of Acquittal.

After sentencing, the trial attorney shall:

  1. File a Motion for Appeal.
  1. File any appropriate post sentencing motions, including when appropriate, a Motion to Reconsider Sentence.  These could also include appropriate motions for discovery and the like, if a habitual offender proceeding is instituted.  Any hearing which may be required on the motions is the responsibility of the trial attorney.
  1. Send a letter to the Court of Appeal, pursuant to C.Cr.P., Art. 915, notifying them of the new appeal.  This must be done within seven (7) days after sentencing. 
  1. Update the appeal request in defenderData as necessary.
  1. Designate the transcript to be prepared for the appeal, if not in the motion for appeal.

If there is a second sentencing proceeding, the trial attorney should repeat the steps above as appropriate, including updating the appeal request form as necessary.

After sentencing, the District Office of the Public Defender shall refer any inquiries regarding the appeal to the Louisiana Appeals & Writ Service (LAWS).  If the district office has been informed of the specific attorney who is assigned to the case, the referral should be to that person.  If the request is made before that time, the referral should be to the Deputy State Public Defender.

As soon as it is received, the district office shall forward the transcript to the assigned attorney, it may be easiest to simply call the attorney and let that person know that the transcript is available.

The district office will also make available to the appellate attorney the trial file (or a full copy thereof at the discretion of the district office) upon request of the appellate attorney.

LAWS, through the Deputy State Public Defender, will notify both the local district office and the local Clerk’s Office of the attorney assigned as soon after the appeal motion is filed, so that the notices can be sent to the appropriate attorney.

The appellate attorney will promptly notify the client of the representation.  Thereafter the attorney will use his/her best efforts to produce the appropriate brief and to communicate with the client.  The appellate attorney will be responsible for sending a copy of the brief and the transcript to the client. 

Once rendered, the appellate attorney will furnish a copy of the decision to the client, together with information as to whether the work of the appellate attorney is completed.  The appellate attorney will return the trial file (if it was requested from the district office) and the appellate files to the district office at the completion of the work.  The appellate attorney will notify the trial attorney if there are any further hearings ordered by the Court of Appeal so that the trial attorney will be fully informed of what is expected by the appellate decision.

Both the trial attorney and appellate attorney will communicate with each other, upon request, as to matters dealing with the client and the appellate issues.

The Deputy State Public Defender is:

Michael A. Mitchell

Deputy State Public Defender

301 Main Street, Suite 700

Baton Rouge, LA 70825

Voice: (225) 219-9305

Email: Appeals@statepublicdefender.la.gov