La. Code Crim. Proc. art. 582

This is the official text of La. Code Crim. Proc. art. 582, part of Louisiana’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Louisiana.

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Time limitations; effect of new trial

Official statutory text

A. When a defendant obtains a new trial through a motion for new trial, appeal, post conviction relief, or any other mechanism provided in state or federal law, or when there is a mistrial, the state shall commence the second trial within one year from the date that the new trial is granted, or the mistrial is ordered, or within the period established by Article 578, whichever is longer.

B. If the state seeks review of the granting of the new trial, the period of limitations in this Article shall not commence to run until the judgment granting the new trial has become final by the state exhausting all avenues of review in the appropriate appellate courts, including the Louisiana Supreme Court.

Acts 2024, N0. 207, §1, eff. May 23, 2024.

Status: in_force · Read it on the official government site

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