David E. Stanley APLC

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David E. Stanley APLC

What Are The Grounds Upon Which Post-Conviction Relief May Granted Under Louisiana Law?

A. In Louisiana, post-conviction procedures are strictly enforced. A person in custody after a sentence for conviction of a crime may obtain post-conviction relief only on the following specific and exclusive 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 subjected him to double jeopardy;
  4. The limitations on the institution of prosecution had expired;
  5. The statute creating the offense for which he was convicted and sentenced is unconstitutional; or
  6. The conviction or sentence constitute the ex post facto application of law in violation of the constitution of the United States or the state of Louisiana.
  7. The results of DNA testing performed pursuant to an application granted under Article 926.1 prove by clear and convincing evidence that the petitioner is factually innocent of the crime for which he was convicted.

Post-conviction proceedings do not provide a basis for review of claims of excessiveness of sentence or other sentencing errors. Likewise, a challenge to an adjudication as a multiple offender is not a proper ground for post-conviction relief.

The district court may deny relief if the application alleges a claim which the person in custody knew about but failed to raise in the proceedings prior to the conviction. Post-conviction relief may also be denied if the application raises a claim raised at trial but not on appeal, and a successive application may be dismissed if it raises a new or different claim. A successive application may be dismissed if it raises a new or different claim that was omitted from a prior application without a legitimate excuse. Finally, a person in custody is barred from raising a post-conviction relief claim if he could have done so on appeal or in prior applications for post-conviction relief.

If the court determines that the claim is procedurally barred, it will not reach or decide the merits of the claim. Should the court determine that the factual and legal issues raised by the person in custody can be resolved based upon the application itself, and the answer, and the supporting documents, the court may grant or deny relief without the necessity of holding a hearing or any further proceedings.

About the Author If you have been charged with a federal or state felony crime,
Attorney David Stanley works tirelessly to protect and
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