Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-761 - Motion for a New Trial
Universal Citation: LA Admin Code XV-761
Current through Register Vol. 50, No. 9, September 20, 2024
A. Counsel should be familiar with the procedures available to request a new trial including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised.
B. When a judgment of guilty has been entered against the defendant after trial, counsel should consider whether it is appropriate to file a motion for a new trial with the trial court. In deciding whether to file such a motion, the factors counsel should consider include:
1. the likelihood of success of the motion,
given the nature of the error or errors that can be raised; and
2. the effect that such a motion might have
upon the defendant's appellate rights, including whether the filing of such a
motion is necessary to, or will assist in, preserving the defendant's right to
raise on appeal the issues that might be raised in the new trial
motion.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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