Background
Alfred Wesley sought supervisory review of proceedings in the 16th Judicial District Court for St. Mary Parish. His filing concerned a conviction and sentence that the First Circuit had reviewed and affirmed on his first direct appeal in State v. Wesley, 96-1218 (La. App. 1st Cir. 3/27/97), 691 So. 2d 772.
The Louisiana Supreme Court denied writ applications related to that earlier appellate judgment. Wesley nevertheless sought further review decades after his original direct appeal had become final.
The Court’s Holding
The First Circuit denied the writ. It held that the Louisiana Constitution does not provide a criminal defendant with a second direct appeal after an appellate court has rendered a judgment and that judgment has become final.
The court explained that, once the direct-appeal judgment is final, the defendant no longer has a right to appeal the decision and is limited to seeking supervisory review. It relied on Louisiana Code of Criminal Procedure articles 912.1(C)(1) and 922 and cited State v. Howard, 53,104 (La. App. 2d Cir. 1/15/20), 289 So. 3d 1176.
Key Takeaways
- Louisiana law does not give a criminal defendant a right to a second direct appeal.
- A defendant’s right to appeal ends after the appellate judgment becomes final.
- Any later appellate review must proceed, if available, through supervisory review rather than another direct appeal.
Why It Matters
The decision reinforces the procedural finality of Louisiana criminal appeals. Defendants whose convictions and sentences have already been affirmed on direct appeal cannot restart the direct-appellate process after the judgment becomes final.
For practitioners, the order underscores the need to distinguish between an appeal as of right and a discretionary application for supervisory review when seeking post-judgment appellate relief.