Louisiana § RS 13:1896 - Appeals in criminal cases; return day

§ RS 13:1896. Appeals in criminal cases; return day

A.  Mayor's courts and justice of the peace courts.  (1) In criminal cases, the district courts have appellate jurisdiction over all appeals from orders of justices of the peace requiring a peace bond, and, except as otherwise provided by law, over all appeals from a mayor's court where a person has been subjected to imprisonment or a forfeiture of rights or property.  Appeals from mayor's courts and justice of the peace courts, as provided for herein, shall be tried de novo.  Any forfeiture or penalties collected by the district court on appeal from a conviction of a municipal ordinance shall be distributed and disbursed to the municipality.

(2)  Appeals in all criminal cases tried in mayor's courts and from orders of a justice of the peace requiring a peace bond shall be taken within the time prescribed in the Louisiana Code of Criminal Procedure.

(3)  When an appeal has been taken under the provisions of this Section from a decision rendered in a mayor's court or in a justice of the peace court, the district court shall provide written notice of the appeal to the mayor's court or the justice of the peace court.  The date on which the appeal is set for hearing shall not be not less than fifteen days after the notice is mailed by the district court.  The notice shall include the date, time, and location of the hearing of the appeal.

B.  City, parish and municipal courts.  Review or appeal of a judgment in any criminal case tried under a state statute in city, parish or municipal courts shall be as provided in Article 912.1 of the Louisiana Code of Criminal Procedure.  Review of a judgment in any other criminal case tried in a city, parish or municipal court shall be by appeal to the district court of the parish in which the court of original jurisdiction is located, except in those cases which are appealable to the Supreme Court under the provisions of the Constitution.  These appeals shall be on the law alone.

C.  Return of appeals.  Appeals to the supreme court shall be returnable within not less than fifteen days nor more than sixty days after the order of appeal.  Appeals to the district courts shall be returnable within not less than fifteen days nor more than thirty days after the order of appeal.

Added by Acts 1960, No. 32, §3, eff. Jan. 1, 1961.  Amended by Acts 1974, Ex.Sess. No. 29, §1, eff. Jan. 1, 1975; Act 1983, No. 121, §1, eff. June 24, 1983; Acts 1999, No. 955, §1.