Our Work

Trial-Level Representation

The LCAC represents indigent individuals who are charged with capital crimes in Louisiana at the trial level, and occasionally accepts appointment for capital cases at the trial level in federal court. The LCAC strives to begin representation of these individuals at the first possible opportunity post-offense so as not to lose the chance to assert critical rights and preserve relevant evidence; the LCAC has developed a vigorous pre-indictment advocacy practice.

The LCAC has also developed a thorough and exacting motions practice, involving the filing of dozens of motions, the holding of multiple evidentiary hearings regarding both critical evidence in the case and the fairness of the criminal justice system, and the filing of multiple applications for supervisory writs (interlocutory appeals) with appellate courts.

Our representation at trial is client-centered, focused on our clients’ needs and expressed desires and the manner in which our clients view and understand their own cases. We respect our clients’ autonomy regarding the conduct of their cases.

Investigation and Mitigation

Our representation includes an exhaustive and creative investigation of the crime charged, the criminal justice procedures to which our client is subject, our client’s entire life history, and any other factors that may conceivably be mitigating in the case.

Mitigation investigation is specific to capital cases. A death penalty trial contains two phases: the culpability phase, where the jury is asked to determine guilt or innocence, and then a separate penalty phase should the jury return a guilty verdict. During the penalty phase, defense attorneys are permitted to present mitigating evidence to show why their client should not be sentenced to death.

An investigation of a capital defendant's life frequently reveals a history of trauma, deprivation, abuse, and/or mental disability. LCAC attorneys and investigators have developed an expertise in mitigation investigation, which includes issues as far-flung as environmental toxins, the history of racist practices in particular geographic areas, the failure of governmental agencies in relation to our clients and their families, as well the personal history of our clients, their families, and communities.

Appellate and Post-Conviction Representation

Besides trial-level representation, the LCAC also represents indigent capital clients on direct appeal in the Louisiana Supreme Court, in state post-conviction proceedings in Texas and Mississippi, and in federal habeas proceedings following state or federal death sentences. The LCAC has been successful over the years in obtaining new trials, reduced penalties and, in some cases, exonerations for our clients.

Maintaining a multi-disciplinary capital practice, that is, working at all stages of the process, improves our skills and insight in our representation at each stage of the process.

Consultation and Training

The LCAC also acts as a resource office, consulting with defenders handling capital cases around Louisiana and in other jurisdictions. It has assisted dozens of lawyers in the region at every stage, particularly in those parishes where the death penalty has been used most aggressively. The LCAC assists with case theory development, pre-trial litigation, jury selection, Atkins litigation, penalty phase preparation, and mid-trial writ writing.

LCAC lawyers also conduct frequent trainings for capital counsel around the state. Recent trainings have focused on jury selection, defending parents accused of killing their children, Capital Jury Project data, competency determinations, Atkins v. Virginia, eyewitness identification, expert testimony, ballistics, and mitigation.