Deadlines After a Conviction
La. C.Cr.P. art. 914 — thirty days to move for an appeal, and two years for post conviction relief
Thirty days. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk, and is entered in the minutes. It must be made no later than thirty days after the rendition of the judgment or ruling appealed from, or thirty days from the ruling on a motion to reconsider sentence filed under Article 881.1, where one is filed.
Who handles this in Louisiana: Louisiana State Bar Association Lawyer Referral; and legal aid programs and the state offices, listed in the Louisiana directory.
Two years, for post conviction relief. No application for post conviction relief, including one that seeks an out-of-time appeal, is considered if it is filed more than two years after the judgment of conviction and sentence has become final under Article 914 or 922, unless an exception applies.
- Facts the claim rests on that were not known to the petitioner or prior attorneys, where the petitioner proves diligence in trying to discover them; new facts are submitted within two years of their discovery.
- A final appellate ruling establishing a new interpretation of constitutional law that applies retroactively, where the petition is filed within one year of that ruling becoming final.
- The exceptions to timeliness in Articles 926.1 and 926.2.
Told at sentencing. At the time of sentencing, the trial court informs the defendant of the prescriptive period for post conviction relief, either verbally or in writing. The article makes all of its limitations jurisdictional: they are not waived or excused by the court or the district attorney.
Which facts are presumed known, the dismissal of a timely application for prejudice to the state, the rules in a capital case, assigned counsel on appeal and federal habeas corpus are set out elsewhere and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Louisiana attorney.
Sources for this section (2)
- La. C.Cr.P. art. 914 — Method and time of appeal
- La. C.Cr.P. art. 930.8 — Time limitations; exceptions; prejudicial delay
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.