Motion to Reconsider Sentence - Louisiana 2026

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The document is a legal motion filed in the Judicial District Court of Louisiana, where the defendant requests a reconsideration of their sentence. The defendant argues that the original sentence was excessive and did not adequately consider mitigating factors, constituting cruel and unusual punishment. The court is ordered to show cause why the motion should not be granted.

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Click ‘Get Form’ to open the Motion to Reconsider Sentence in our editor.
Begin by filling in the Judicial District and Parish at the top of the form. This identifies the court handling your case.
Enter your name as the defendant in the designated space, ensuring accuracy for legal purposes.
In Section I, specify the date you pled guilty and the charge you were convicted of. This provides context for your motion.
For Section II, input the date of your sentencing and detail the sentence imposed by the judge.
In Section III, articulate why you believe your sentence is excessive. Highlight any mitigating factors that support your request for reconsideration.
Complete the WHEREFORE clause with your name and date, clearly stating your request for reconsideration.
Finally, ensure that all fields are filled out correctly before saving or exporting your completed document for submission.

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What are the three grounds for the motion for reconsideration?

There are generally three grounds for reconsideration: (1) an intervening change in the law, (2) the availability of evidence not previously available, and (3) the need to correct a clear error or prevent manifest injustice. In re Zyprexa Prods.

What is the purpose of a motion for reconsideration?

A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such

What is a motion for reconsideration of sentencing?

A Motion for Reconsideration offers a more straightforward approach to modifying a sentence, without the risk of a harsher sentence. It focuses solely on altering the terms of the sentence, such as probation length or fines, rather than overturning the conviction itself.

How many motion for reconsideration are allowed?

The appeal shall be taken within fifteen (15) days from receipt of the resolution or of the denial of the motion for reconsideration/reinvestigation if one has been filed within fifteen (15) days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed.

How to win a motion to reconsider?

You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead it may help you win the war.

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What is the success rate of motions for reconsideration?

Success Rate: Statistically, courts rarely grant motions for reconsideration, with a success rate estimated at less than 10%. Appellate Rights: Denials of motions for reconsideration are not directly appealable, but they may be reviewed as part of an appeal from the underlying order.

What is a motion to correct sentence in Louisiana?

Louisiana Laws - Louisiana State Legislature. On motion of the state or the defendant, or on its own motion, at any time, the court may correct a sentence imposed by that court which exceeds the maximum sentence authorized by law.