Louisiana Code of Criminal Procedure 926 – Petition
Terms Used In Louisiana Code of Criminal Procedure 926
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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. See Louisiana Code of Criminal Procedure 924
- Conviction: A judgement of guilt against a criminal defendant.
- Custody: means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense. See Louisiana Code of Criminal Procedure 924
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
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:
(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) The name of the custodian, if known, or if not known, a designation or description of him as far as possible;
(3) A statement of the grounds upon which relief is sought, specifying with reasonable particularity the factual basis for such relief;
(4) 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; and
(5) 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. Inexcusable failure of the petitioner to comply with the provisions of this Article may be a basis for dismissal of his application.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.