Louisiana Revised Statutes 13:4529 – Forma pauperis appeals in criminal cases
Terms Used In Louisiana Revised Statutes 13:4529
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
In all appealable criminal cases where the convicted person desires to appeal from the sentence imposed, at the time of asking for an appeal he may also present the affidavits mentioned hereinafter in this section and obtain an order permitting him to prosecute his appeal without paying the costs, or furnishing security therefor.
The affidavits required above are: (1) that of the convicted person that he is unable to pay the costs, or to furnish security therefor, because of his poverty and lack of means; and (2) that of a disinterested person other than his counsel that he knows the convicted person and his financial condition, and believes that the convicted person is unable to pay the costs, or to furnish security therefor.
The facts recited in these affidavits may be traversed by a summary rule by the district attorney. If this traverse is successful, the court shall rescind its order, and further order the convicted person to either pay the costs or to furnish security therefor within ten days. The failure to comply with this latter order shall operate a dismissal of the appeal.
This section does not apply to cases where the appellant is not now required by law to furnish an appeal bond or security for costs.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.