TITLE XXXI-A POST CONVICTION RELIEF Art. 924. Definitions As used in this Title: (1) An "application for post conviction relief" means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside. (2) "Custody" means detention or confinement, or […]
Art. 924.1. Effect of appeal An application for post conviction relief shall not be entertained if the petitioner may appeal the conviction and sentence which he seeks to challenge, or if an appeal is pending. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
Art. 925. Venue Applications for post conviction relief shall be filed in the parish in which the petitioner was convicted. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
Art. 926. Petition A. An application for post conviction relief shall be by written petition addressed to the district court for the parish in which the petitioner was convicted. A copy of the judgment of conviction and sentence shall be annexed to the petition, or the petition shall allege that a copy has been demanded […]
Art. 926.1. Application for DNA testing A.(1) Prior to August 31, 2024, a person convicted of a felony may file an application under the provisions of this Article for post-conviction relief requesting DNA testing of an unknown sample secured in relation to the offense for which he was convicted. On or after August 31, 2024, […]
Art. 926.2. Factual innocence A. A petitioner who has been convicted of an offense may seek post conviction relief on the grounds that he is factually innocent of the offense for which he was convicted. A petitioner’s first claim of factual innocence pursuant to this Article that would otherwise be barred from review on the […]
Art. 926.3. Motion for testing of evidence A. Upon motion of the state or the petitioner, the district court may order the testing or examination of any evidence relevant to the offense of conviction in the custody and control of the clerk of court, the state, or the investigating law enforcement agency. B. If the […]
Art. 927. Procedural objections; answer A. If an application alleges a claim which, if established, would entitle the petitioner to relief, the court shall order the custodian, through the district attorney in the parish in which the defendant was convicted, to file any procedural objections he may have, or an answer on the merits if […]
Art. 928. Dismissal upon the pleadings The application may be dismissed without an answer if the application fails to allege a claim which, if established, would entitle the petitioner to relief. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
Art. 929. Summary disposition A. If the court determines that the factual and legal issues can be resolved based upon the application and answer, and supporting documents, including relevant transcripts, depositions, and other reliable documents submitted by either party or available to the court, the court may grant or deny relief without further proceedings. B. […]
Art. 930. Evidentiary hearing A. An evidentiary hearing for the taking of testimony or other evidence shall be ordered whenever there are questions of fact which cannot properly be resolved pursuant to Articles 928 and 929. The petitioner, in absence of an express waiver, is entitled to be present at such hearing, unless the only […]
Art. 930.1. Judgment granting or denying relief under Articles 928, 929, and 930 A copy of the judgment granting or denying relief and written or transcribed reasons for the judgment shall be furnished to the petitioner, the district attorney, and the custodian. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
Art. 930.10. Departure from this Title; post conviction plea agreements A. Upon joint motion of the petitioner and the district attorney, the district court may deviate from any of the provisions of this Title. B. Notwithstanding the provisions of Article 930.3 or any provision of law to the contrary, the district attorney and the petitioner […]
Art. 930.2. Burden of proof The petitioner in an application for post conviction relief shall have the burden of proving that relief should be granted. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
Art. 930.3. Grounds If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana. (2) The court exceeded its jurisdiction. (3) The conviction or sentence […]
Art. 930.4. Repetitive applications A. Unless required in the interest of justice, any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered. B. If the application alleges a claim of which the petitioner had knowledge and inexcusably failed to […]
Art. 930.5. Custody pending retrial; bail If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial if it appears that there are legally sufficient grounds upon which to reprosecute the petitioner. In such a case, the petitioner shall […]
Art. 930.6. Review of trial court judgments A. The petitioner may invoke the supervisory jurisdiction of the court of appeal if the trial court dismisses the application or otherwise denies relief on an application for post conviction relief. No appeal lies from a judgment dismissing an application or otherwise denying relief. B. If a statute […]
Art. 930.7. Right to counsel A. If the petitioner is indigent and alleges a claim which, if established, would entitle him to relief, the court may appoint counsel. B. The court may appoint counsel for an indigent petitioner when it orders an evidentiary hearing, authorizes the taking of depositions, or authorizes requests for admissions of […]
Art. 930.8. Time limitations; exceptions; prejudicial delay A. No application for post conviction relief, including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final under the provisions of Article 914 or 922, unless any of the following […]
