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Appellate
The Appellate Section of the District Attorney's Office
handles many different aspects of the legal field. For the most part the section
is involved in appeals filed by the defendant after a conviction. The section
prepares and files documents with the Third Circuit Court of Appeal, Louisiana
Supreme Court, Federal Courts of Appeal, and the Supreme Court of the United
States. Listed below are some of the most common things that the Section works
on:
Appeals
Appeals are usually filed by the defendant after a judgment
or conviction is rendered by the trial court or jury. Appeals are filed with the
Third Circuit Court of Appeal or with the Louisiana Supreme Court. The section
reviews the appeal and the entire record of the trial court proceedings before
preparing an answer to the defendant's brief, which is then filed at the
appropriate appellate court.
Supervisory Writs of Review
Supervisory writs of review or "writs" can be thought of as
mini-appeals. Writs are filed when a decision is made during pre-trial hearings
or during the trial itself that either the defendant or the prosecution feels is
unfair or contrary to the law. Because of the nature of a writ the section
usually has a very short time in which to prepare a writ or opposition to it and
file it at the appellate court. Writs which are denied by the Third Circuit
Court of Appeal may then be filed at the Louisiana Supreme Court, where a final
decision is made on the issue.
Research
On a daily basis the Appellate Section is responsible for
researching legal issues and numerous topics.
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