Legal Question in Criminal Law in Louisiana
I have a friend who is trying to overturn a conviction and sentence were do we start can you please help me
1 Answer from Attorneys
Your question does not state when he was convicted nor when the conviction became final (exhausted all appeals). If you have not taken an appeal, then you must start by filing notice of appeal and seek review of the conviction. If you are affirmed by the Court of Appeals, then you should seek review of the affirmation by the Louisiana Supreme Court.
Further, assuming that your friend conviction was within the last two years or within the last two years of any affirmation from the Court of Appeals or the Louisiana Supreme Court, your friend has two years from the date his conviction became final to seek post-conviction relief. If the two years has expired, then his only other procedrual remedies would be to file a motion to correct an illegal sentence, if it can be shown or file a writ of Habeas Corpus.
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