At David E. Stanley, APLC, we help clients challenge convictions and sentences in Louisiana and federal courts with a focused appellate strategy built on the trial record. Appeals are deadline-driven—in Louisiana state court, you usually have 30 days from sentencing to file a notice/request for appeal.
- Identify appealable legal errors and strongest issues to argue
- Review the trial record efficiently (avoid “weak issue overload”)
- Build an appellate brief strategy that fits the court and standards of review
- Prepare for oral argument when applicable
- Clear next steps + timeline guidance
A criminal appeal is not a “do-over” of the trial. It’s a request for a higher court to review the trial court’s rulings for legal errors that may have changed the outcome or reduced the sentence.
wo key points to understand before you start:
Not every mistake leads to reversal. A judgment generally won’t be reversed for an error that doesn’t affect substantial rights.
Appeals are based on the trial record. The grounds for appeal must be based on what’s in the record of what happened during trial.
Because of these limits, your appeal needs a focused strategy: identify the strongest issues, present them clearly, and meet strict deadlines.
What Types of Errors Should Be Appealed?
Not all errors are “appealable” in a way that helps your case. The goal is to find issues that likely changed the verdict or sentence (not harmless errors).
Structural Errors
Structural errors affect the framework of the trial and can make a trial fundamentally unfair. They are rare, but they are serious—and generally not reviewed as “harmless.”
Trial Errors
Trial errors happen during the presentation of evidence to the jury (or judge in a bench trial). These can be reviewed with the rest of the evidence to determine whether the error was harmless or not. Errors found harmless generally won’t reverse a verdict; errors that are not harmless can lead to reversal of conviction or sentence.
Errors Patent
An “error patent” is an error discoverable from the pleadings/proceedings without reviewing the evidence, for example, certain double jeopardy issues can qualify.
The Appeals Process
Step 1 — Preserve deadlines and start the record review
Appeals often have short filing windows and strict procedural requirements.
Step 2 — Identify the best issues (not just any issues)
A strong appeal focuses on the issues most likely to change the outcome or reduce the sentence, not long lists of weak arguments.
Step 3 — Build an appellate strategy (state or federal)
David E. Stanley, APLC has nearly forty years of criminal appeals experience and is familiar with how appellate courts and prosecutors typically brief and argue appeal issues, helpful for anticipating and countering arguments early in the process.
When Can I File an Appeal?
In most cases, you can file an appeal after conviction and sentencing. In Louisiana state court, you usually have 30 days from sentencing to file a notice/request for appeal.
If you need to raise certain issues before conviction/sentencing, the page notes you may need to seek supervisory review (state) or an interlocutory appeal (federal), but not every issue qualifies, so it’s important to speak with a criminal appeals attorney about your specific situation.
What Issues Can Be Raised in an Appeal?
The most common issues that lead to relief are typically errors of law, mistakes in applying the law to the facts, rather than disputes about facts alone.
6 Factors to Consider When Choosing a Criminal Appeal Attorney
1. Hire a Professional Who Focuses on Appellate Litigation
Criminal appeals require a different skill set than trial defense, including issue-spotting, legal research, and persuasive appellate writing. Choose an attorney who regularly handles appeals and understands what appellate judges look for in briefs and arguments.
2. Knowledge of Criminal and Appellate Procedure
Appeals are governed by strict rules, deadlines, and standards of review that can make or break your case. A knowledgeable criminal appeal attorney can frame issues correctly and preserve arguments in a way the appellate court can actually consider.
3. Experience With Similar Cases
Experience matters most when your attorney has handled appeals involving charges or legal issues similar to yours. A seasoned appeals lawyer is also more likely to anticipate the prosecution’s arguments and respond with stronger, better-supported legal reasoning.
4. Dedication to Detailed Record Review
Winning issues are usually found inside the trial record, so careful review of transcripts, motions, and rulings is essential. You want a lawyer who is willing to dig deep, verify details, and build the appeal around the strongest record-based errors.
5. Resources to Handle Deadlines and Briefing
Appeals can require extensive research, drafting, and document management under tight timelines. A well-supported attorney and office can move quickly, stay organized, and avoid mistakes that lead to missed deadlines or incomplete filings.
6. Energy and Commitment to See It Through
An appeal can be long and demanding, especially when multiple issues must be briefed and argued effectively. Choose an attorney who communicates clearly, stays responsive, and has the drive to pursue the best possible outcome through every step of the process.
Benefits of Hiring an Appeal Lawyer
Focused Attention On The Issues That Matter Most
A successful appeal requires intensive record review, legal research, and selecting issues most likely to change the outcome or reduce a sentence—while meeting every deadline.
Appeal Knowledge That Improves Strategy
The more training and experience your appellate lawyer has, the better positioned you are to present strong arguments and improve the likelihood of achieving your desired outcome.
Efficient, Cost-Effective Work
An experienced appellate lawyer can review the record efficiently, focus on outcome-changing issues, and avoid wasting time on arguments unlikely to help—saving time and cost while improving quality.
Services Offered by David E. Stanley, APLC
Whether you’re preparing for an appeal or still deciding your next move, David E. Stanley, APLC handles criminal matters in Louisiana and federal court. Use the services below to help visitors quickly find the right page and take action.
Defense for DWI-related arrests and charges, including case planning and steps to protect driving privileges when possible.
Defense for allegations involving possession, distribution, or other drug-related charges, including suppression and procedure-focused issues.
Defense for serious felony allegations where evidence, procedure, and charging decisions can play a major role.
Defense for sex-crime allegations where the case often involves sensitive evidence, high stakes, and strict procedural requirements.
Defense for fraud-related and financially driven allegations, where documentation, timelines, and intent are often key.
Guidance for eligible clients seeking to reduce the long-term impact of a criminal record when applicable.
If you’re not sure which service fits your situation, call (225) 926-0200 or request a case review through the Contact page.
Frequently Asked Questions:
When Can I File An Appeal?
Ordinarily, you can file an appeal after you have been convicted and sentenced. In Louisiana state court, you usually have thirty (30) days from the date of sentencing to file a notice or request for appeal.
Suppose you are in Louisiana state court and want to raise a specific issue before a conviction and sentence have been handed down. In that case, you must seek a writ of supervisory review with the relevant appellate court. In addition, you would submit an interlocutory appeal to a federal court. Not every matter is eligible for a supervisory writ or interlocutory appeal. Find out if, when, and how you can appeal a decision you want to contest by speaking with a seasoned criminal appeals attorney about your particular case.
What Sort of Issues Can Be Raised in An Appeal?
The issues that can be raised in an appeal are errors that would have likely changed the outcome of the trial, or reduced the sentence. These are not harmless errors. These types of errors are usually the grounds for a successful appeal.
The most common issues which result in relief on appeal are legal errors (as opposed to errors of fact). Errors of law are mistakes made in applying the law to the facts of your case.
These legal mistakes include, for example, denying a well founded motion to suppress evidence, refusing to sever offenses or parties for trial, or giving a jury instruction that is an incorrect statement of the law over defense counsel’s objection.
Does a Person Have To Serve Their Sentence While On Appeal?
A person does not always have to serve their sentence while on appeal. Sometimes, you can remain out on bail while you appeal your conviction and sentence. The imposition of sentence can in some circumstances, be suspended while your appeal is pending. After sentence and until final judgment, bail will be allowed if a sentence of five years or less has actually been imposed. Bail may be allowed after sentence and until final judgment, in the discretion of the trial judge, if the sentence actually imposed is imprisonment for more than five years, except when the court has reason to believe, based on competent evidence, that the release will pose a danger to others or to the community, or that there is a substantial risk that the person may flee.
Reliable Federal and Criminal Appeal Attorney
If you’re considering a criminal appeal in Baton Rouge or anywhere in Louisiana, or you need help with a federal criminal appeal, call David E. Stanley, APLC at (225) 926-0200 to discuss your options and next steps.
Looking for a Criminal Defense Attorney? David E. Stanley, APLC is a seasoned and trusted criminal defense attorney who can help and guide you through your legal battle. We serve the following areas:
Criminal Defense Attorney Ascension Parish, LA
Criminal Defense Attorney Baker, LA
Criminal Defense Attorney Baton Rouge, LA
Criminal Defense Attorney Central City, LA
Criminal Defense Attorney East Baton Rouge Parish, LA
Criminal Defense Attorney East Feliciana Parish, LA
Criminal Defense Attorney Greenwell Springs, LA
Criminal Defense Attorney Iberville Parish, LA
Criminal Defense Attorney Lafayette Parish, LA
Criminal Defense Attorney Livingston Parish, LA
Criminal Defense Attorney Pointe Coupee Parish, LA
Criminal Defense Attorney Pride, LA
Criminal Defense Attorney St. Tammany Parish, LA
Criminal Defense Attorney Tangipahoa Parish, LA
Criminal Defense Attorney West Baton Rouge, LA
Criminal Defense Attorney West Feliciana Parish, LA
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David E. Stanley, APLC
1055 Laurel St #2, Baton Rouge, LA 70802, United States
225-926-0200