Applications For Post Conviction Relief In Federal And Louisiana Courts
In Louisiana, an application for post conviction relief is not simply another appeal. David E. Stanley APLC is familiar with the complex legal and procedural hurdles these cases present and can efficiently guide you through the process.
Under Louisiana law, with some very limited exceptions, an application for post conviction relief must be filed within two years from the date conviction and sentence become final. The applicant has the burden of proving that relief sought in the application should be granted by the court. The grounds for post conviction relief are extremely limited and relief shall be granted only on the following grounds:
- The conviction was obtained in violation of the constitution of the United States or the state of Louisiana;
- The court exceeds its jurisdiction;
- The conviction or sentence subjected him to double jeopardy;
- The limitations on the institution of prosecution had expired;
- The statute creating the offense for which he was convicted and sentenced is unconstitutional; or
- The conviction or sentence constitute the ex post factor application of law in violation of the constitution of the United States or the state of Louisiana.
- The results of DNA testing proves by clear and convincing evidence that the petitioner is factually innocent of the crime for which he was convicted.
David E. Stanley APLC is ready, willing, and able to provide the meticulous investigation, attention to detail, and effort required to prepare your application for post conviction relief.
If you are considering filing an application for post conviction relief, do not delay. Applications for post conviction relief are governed by detailed and limiting procedural rules, short and unforgiving filing deadlines, and very specific requirements which limit the claims that may be raised in the application. David E. Stanley, APLC understands how to operate within these rules to avoid denial due to procedural or legal deficiencies in the application.
Errors and mistakes do occur, sometimes with devastating consequences to the person accused of a crime. Do not give up! David E. Stanley APLC has the skill, knowledge, and energy necessary to assist you. Do not delay. Call 225-926-0200today to schedule an appointment to meet with David Stanley to get started.