Criminal Appeal Brief - Louisiana

CRIMINAL APPEAL BRIEF

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

STATE OF LOUISIANA

No. [____]-[____]-KA

STATE OF LOUISIANA

v.

[DEFENDANT FULL NAME]

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

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: [________________________________]

STATEMENT OF FACTS

[________________________________]

SUMMARY OF ARGUMENT

[________________________________]

ARGUMENT

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: Louisiana has five Courts of Appeal; appeals are routed based on parish. La. Const. art. V, § 10.
• Time for Appeal: Defendant must file motion for appeal within 30 days of sentencing (La. C.Cr.P. art. 914) or within 30 days of denial of a timely-filed motion for new trial.
• Briefing Deadlines: Governed by URCA Rule 2-12.12 and local circuit rules; generally appellant's brief is due upon receipt of the record.
• Anders Brief: If appointed counsel finds no non-frivolous issues, counsel must file an Anders brief (Anders v. California, 386 U.S. 738 (1967)) or comply with State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241.
• 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.
• Pro Se Supplemental Brief: Defendants represented by counsel may file a pro se supplemental brief. State v. Benjamin, 573 So.2d 528 (La. App. 4th Cir. 1990).