La. Admin. Code tit. 22 § XV-1397

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1397 - Motion for a New Trial

A. The attorney should be familiar with the procedures available to request a new trial including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised.

B. When a judgment of delinquency has been entered against the client after trial, the attorney should consider whether it is appropriate to file a motion for a new trial with the trial court. In deciding whether to file such a motion, the factors the attorney should consider include:

1. the likelihood of success of the motion, given the nature of the error(s) that can be raised; and

2. the effect that such a motion might have upon the client's appellate rights, including whether the filing of such a motion is necessary to, or will assist in, preserving the child client's right to raise on appeal the issues that might be raised in the new trial motion.

La. Admin. Code tit. 22, § XV-1397

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2611 (September 2011), Amended LR 45415 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148