Louisiana § RS 29:166 - Article 66. Appeal

§ RS 29:166. Article 66. Appeal

A.  The First Circuit Court of Appeal shall have appellate jurisdiction over appeal of all courts-martial tried under this code, excluding summary courts-martial.

B.  The state cannot appeal a verdict of acquittal.  The state may petition by filing a supervisory writ within thirty days of the following adverse judgments or rulings:

(1)  A motion to dismiss any or all charges.

(2)  A plea of time limitation.

(3)  A plea of former jeopardy.

C.  Appeals by the accused.  (1)  After review provided for by this code has been completed and the accused is provided with notice of final action by the convening authority, the accused shall have sixty days in which to file a notice of appeal with the military judge and convening authority.

(2)  The trial counsel shall prepare the record to be certified by the military judge.  The trial counsel shall lodge the record certified by the military judge with the First Circuit Court of Appeal.

(3)  The accused shall file an appeal brief within thirty days of lodging of the record.

(4)  The state shall file its appeal brief within thirty days of the date that the accused files his appeal brief.

(5)  The accused may file a reply brief within twenty days of the date the state files its appeal brief.

D.  Action by the Court of Appeal.  (1)  The First Circuit Court of Appeal shall issue a ruling within one hundred eighty days of the filing of the supervisory writ by the state or within one hundred eighty days of the filing of the state's brief in response to an appeal by an accused.

(2)  The First Circuit Court of Appeal may, in its discretion, set for oral argument either an appeal by the accused or a supervisory writ application by the state.

(3)  The Uniform Rules of the Courts of Appeal shall apply to the extent possible.

(4)  If the First Circuit Court of Appeal sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing.  If the court sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(5)  After the court has acted on the case, the record shall be returned to the trial counsel who prepared the record, who shall notify the state judge advocate and the convening authority of the court's decision.  If the court sets aside all or part of the findings and sentence, the convening authority shall take additional action in accordance with the court's decision.  If the court has ordered a rehearing, but the convening authority finds a rehearing to be impracticable, he may dismiss the charges.

Acts 1974, No. 621, §1; Acts 1986, No. 418, §1; Acts 1988, No. 183, §1, eff. July 1, 1988; Acts 1997, No. 1405, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.