Appeals

A defendant has a right to appeal his/her conviction in all felony convictions and to request an appeal (writ) in misdemeanor convictions.  Acquittals or Not Guilty verdicts are not appealable by the State.

Cases from the 25th Judicial District, Plaquemines Parish, are appealed to the Louisiana Fourth Circuit Court of Appeals, except cases in which the sentence is the death penalty, that require an automatic appeal to the Louisiana Supreme Court.  The Fourth Circuit Court of Appeals has jurisdiction over cases from the Parishes of Orleans, St. Bernard and Plaquemines.

In addition to an appeal, defendants may file post–conviction motions in state and federal courts.   The motions can be based on allegations that they had ineffective assistance of counsel or the statute they were prosecuted under is unconstitutional or other claims.

The assistant district attorneys in the office handle all appeals, writs and post–conviction motions.