Criminal Appeal Brief - Louisiana

CRIMINAL APPEAL BRIEF

Before you use this: Use this Court of Appeal brief only after confirming appellate jurisdiction. La. Const. art. V, § 5(D) sends specified matters directly to the Supreme Court, including capital convictions with a death sentence; La. C.Cr.P. art. 912.1(B)(2) routes certain Nineteenth Judicial District city-court appeals to district court. Other criminal judgments may require a writ application under art. 912.1(C).

IN THE COURT OF APPEAL, [FIRST / SECOND / THIRD / FOURTH / FIFTH] CIRCUIT

STATE OF LOUISIANA

No. [____]-[____]-KA

ON APPEAL FROM THE [____] JUDICIAL DISTRICT COURT
PARISH OF [________________], LOUISIANA
TRIAL COURT NO. [________________]
HONORABLE [JUDGE NAME], PRESIDING

BRIEF OF [APPELLANT / APPELLEE]

Submitted by:

[ATTORNEY NAME], La. Bar No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Louisiana [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

TABLE OF CONTENTS

TABLE OF AUTHORITIES

Cases

Statutes and Codes

Constitutional Provisions

JURISDICTIONAL STATEMENT

The appeal is taken from [FINAL JUDGMENT OR APPEALABLE RULING] entered on [DATE]. The motion and order for appeal appear at (R. pp. [__–__]). This is a jury-triable criminal case within the Court of Appeal's jurisdiction under La. Const. art. V, § 10(A) and La. C.Cr.P. art. 912.1(B)(1). No direct Supreme Court appeal under La. Const. art. V, § 5(D) applies, and this case is not within the city-court exception in art. 912.1(B)(2). The issues presented are questions of law. The judgment date was [DATE], the motion for appeal was made on [DATE], and the order for appeal was entered on [DATE].

STATEMENT OF THE CASE

On [DATE], the defendant, [DEFENDANT NAME], was charged by [bill of information / indictment] with [OFFENSE(S)] in violation of La. R.S. [STATUTE NUMBER(S)], in the [____] Judicial District Court, Parish of [PARISH].

The defendant was arraigned on [DATE] and entered a plea of [not guilty / guilty / nolo contendere]. (R. p. [__])

Trial commenced on [DATE] before [a jury of twelve / a jury of six / the court]. (R. p. [__])

On [DATE], the [jury returned a verdict of / court found the defendant] [guilty as charged / guilty of the responsive verdict of [____] / not guilty]. (R. p. [__])

On [DATE], the trial court sentenced the defendant to [SENTENCE]. (R. p. [__])

A motion for appeal was [timely filed / granted] on [DATE] pursuant to La. C.Cr.P. art. 914. (R. p. [__])

ASSIGNMENT OF ERRORS

The [Appellant] respectfully assigns the following errors for review:

Assignment of Error No. 1: [________________________________]

Assignment of Error No. 2: [________________________________]

Assignment of Error No. 3: [________________________________]

Assignment of Error No. 4: [________________________________]

ISSUES PRESENTED FOR REVIEW

1. [Question presented for Assignment of Error No. 1]
2. [Question presented for Assignment of Error No. 2]
3. [Question presented for Assignment of Error No. 3]

STATEMENT OF FACTS

[________________________________]

SUMMARY OF ARGUMENT

[________________________________]

ARGUMENT

For each assignment requiring an objection or proffer, state what was made and give the specific record page, as required by URCA Rule 2-12.4(A)(9)(c): [ASSIGNMENT / OBJECTION OR PROFFER / RECORD PAGE].

I. ASSIGNMENT OF ERROR NO. 1: [RESTATE ERROR]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

II. ASSIGNMENT OF ERROR NO. 2: [RESTATE ERROR]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

III. ASSIGNMENT OF ERROR NO. 3: [RESTATE ERROR]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

CONCLUSION

WHEREFORE, [Appellant / Appellee] respectfully requests that this Honorable Court:

☐ Reverse the conviction and sentence and [acquit the defendant / remand for new trial]

☐ Vacate the sentence and remand for resentencing

☐ [Other specific relief: ________________________________]

☐ Grant such other and further relief as this Court deems just and proper

Respectfully submitted,

___________________________________________
[ATTORNEY NAME], La. Bar No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Louisiana [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a copy of the foregoing Brief of [Appellant / Appellee] was served upon the following by [hand delivery / U.S. Mail / electronic filing]:

[OPPOSING COUNSEL NAME]
[OFFICE / FIRM]
[ADDRESS]
[CITY], Louisiana [ZIP]

___________________________________________
[ATTORNEY NAME]

APPENDIX

☐ Judgment / Sentence appealed from (R. p. [__])

☐ Trial court written reasons for judgment (or declaration that none were given)

☐ Minute entries relevant to the appeal

☐ [Additional relevant orders: ________________________________]

LOUISIANA-SPECIFIC NOTES

• Appellate Jurisdiction: Identify the applicable Court of Appeal circuit and the constitutional or statutory basis for jurisdiction in the jurisdictional statement. La. Const. art. V, § 10.
• Time for Appeal: Under La. C.Cr.P. art. 914(B), the motion for appeal is due no later than thirty days after rendition of the judgment or ruling appealed. If a motion to reconsider sentence is filed under art. 881.1, the deadline is thirty days from the ruling on that motion. Calendar the applicable judgment and ruling dates.
• Briefing Deadlines: URCA Rule 2-12.7 sets the ordinary deadlines at 25 calendar days after the record is lodged for the appellant, 45 days for the appellee, and 10 days after the appellee's brief for a reply. Check the court's notice of lodging, any special assignment, and any granted extension.
• No-error or Anders filing: If counsel concludes that no non-frivolous issue exists, use the current Louisiana procedure and verified controlling authority for that filing. Do not insert a federal or Louisiana case citation here without checking the current court rule and opinion.
• Errors Patent Review: Under La. C.Cr.P. art. 920(2), the appellate court reviews the record for errors patent on its face regardless of whether assigned.
• Supplemental filings: [State whether a supplemental brief is authorized in this case, with the current court rule or order and a verified authority.]