No. 03 · Appellate practice

The trial is over. The record is not.

An appeal is not a second trial. It is a disciplined argument about legal error, built from the record and filed on unforgiving deadlines.

Jerome Matthews in a law library, New OrleansCriminal Appeals
Portrait of Jerome Matthews The appellate desk
What an appeal is

The appeal is won or lost inside the record.

Appellate courts do not hear witnesses or weigh new evidence. They read: the transcript, the exhibits, the rulings, the objections that were made and the ones that were missed. The question is never simply whether the verdict feels wrong — it is whether the law was applied wrong in a way that mattered.

That way of reading was trained early. Jerome Matthews served as a judicial extern to the Hon. John T. Noonan, Jr. of the U.S. Court of Appeals for the Ninth Circuit — inside the chambers where briefs are judged, not just filed — and is admitted before the U.S. Court of Appeals for the Fifth Circuit.

That makes issue selection the heart of the craft. A brief that raises two strong, preserved issues is stronger than one that raises ten. Judges read hundreds of briefs; the persuasive ones respect the court’s time and the record’s limits.

Where the direct appeal cannot reach the problem — new evidence, ineffective assistance, constitutional defects outside the record — post-conviction relief may. Louisiana’s post-conviction procedure and federal habeas review each carry their own strict time limits, so the path must be mapped early.

How the appellate practice works

From sentencing to argument, in order.

I

Deadline protection.

In Louisiana, the motion for appeal must generally be filed within 30 days (La. C.Cr.P. art. 914). In federal court, 14 days (FRAP 4(b)). The first act of any appeal is making sure there is one.

II

Total record review.

Transcripts read line by line, twice. Most winning issues announce themselves quietly — an instruction, a sidebar, an objection everyone else forgot.

III

Issue selection.

The strongest preserved issues, argued fully. Everything else is cut without sentiment.

IV

Briefing and argument.

Writing that is clean enough to be adopted by the court, and oral argument that answers questions instead of dodging them.

Common questions

Asked in nearly every first call.

Can new evidence be raised on appeal?

Generally no — the direct appeal is confined to the trial record. New evidence usually travels through post-conviction relief instead, which has its own procedures and time limits. The right vehicle matters as much as the argument.

The appeal deadline already passed. Is it over?

Not necessarily. Louisiana procedure allows requests to reinstate appeal rights in some circumstances through post-conviction relief. It is harder than filing on time, and it gets harder with every month — call immediately.

Do I stay out of prison during the appeal?

Sometimes. Bail pending appeal exists but is discretionary and depends on the offense, the sentence, and the issues raised. It should be addressed at sentencing, not discovered afterward.

All frequently asked questions

No case is routine when it is yours

Talk through the case before the next deadline does the talking.

Calls and texts are answered day and night. Share only what you are comfortable sharing — the first conversation is about timing, exposure, and what has to happen next.

504-247-6411