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Louisiana Code of Criminal Procedure Tit. XXXI-A, Art. 926. Petition

Current as of January 01, 2023 | Updated by Findlaw Staff

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 and refused.

B. The petition shall allege all of the following:

(1) The name of the person in custody and the place of custody, if known, or if not known, a statement to that effect.

(2) That the person is actually in custody, and the name of the place of custody, if known.

(3) The name of the custodian, if known, or if not known, a designation or description of him as far as possible.

(4) A statement of the grounds upon which relief is sought, alleged in good faith and specifying with reasonable particularity the factual basis for such relief.

(5) A statement of all prior applications for writs of habeas corpus or for post conviction relief filed by or on behalf of the person in custody in connection with his present custody.

(6) All errors known or discoverable by the exercise of due diligence.

C. The application shall be signed by the petitioner and be accompanied by his affidavit that the allegations contained in the petition are true to the best of his information and belief.

D. The petitioner shall use the uniform application for post conviction relief approved by the Supreme Court of Louisiana. If the petitioner fails to use the uniform application, the court may provide the petitioner with the uniform application and require its use.

E. The petition and any successive petitions shall be served upon both the attorney general and the district attorney for the parish where the defendant was convicted.

F. (1) An individual shall be eligible for post conviction relief if he meets both of the following:

(a) He is currently serving a sentence of imprisonment or is on probation or parole pursuant to a conviction.

(b) He is in actual custody or under supervision of the division of probation and parole.

(2) An application for post conviction relief filed after the petitioner has completed his sentence shall be dismissed.

(3) Any claim alleged in an application that is procedurally barred or is frivolous on its face shall be dismissed.

G. Inexcusable failure of the petitioner to comply with the provisions of this Article may be a basis for dismissal of his application.

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Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXXI-A, Art. 926. Petition - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxxi-a-art-926/

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