2006 Louisiana Laws - RS 29:166 — Appeal

§166.  Appeal

A.(1)  The First Circuit Court of Appeal shall have appellate jurisdiction, upon petition by the state, to hear and review the record in adverse judgments and rulings; however, the state cannot appeal from a verdict of acquittal.  Adverse judgments or rulings from which the state may appeal include but are not limited to judgments or rulings on:

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

(b)  A plea of time limitation.

(c)  A plea of former jeopardy.

(2)  The court may order the transcription of testimony for the record in any case.

B.  The court shall have appellate jurisdiction, upon petition of an accused, to hear and review the record in all decisions of a court-martial after the review provided for in this code has been completed.  The court may order the transcription of testimony for the record in any case.

C.  The appellant has sixty calendar days from the time of receipt of actual notice of the final action on his case, pursuant to this code, to petition the court for review.  The petition shall set forth all errors assigned.  The court shall act upon such a petition within sixty days of the receipt thereof.  Notwithstanding any other provision of this code, upon the lodging of an appeal, the court may grant a stay or defer service of the sentence of confinement or any other punishment under this code until the court's final determination upon the case.

D.  In a case reviewable under Subsection A or B of this Section, the court may act only with respect to the findings and sentence as finally approved and ordered executed by the convening authority.

E.  If the court 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 it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.  After the court has acted on the case, the record shall be returned to the state judge advocate who shall notify the convening authority of the court's decision.  If further action is required, the state judge advocate shall instruct the convening authority to take action in accordance with the court's decision.  If the court has ordered a rehearing, but the convening  authority finds a rehearing 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.