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Terms Used In Louisiana Revised Statutes 44:31.1

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Conviction: A judgement of guilt against a criminal defendant.
  • custodian: means the public official or head of any public body having custody or control of a public record, or a representative specifically authorized by him to respond to requests to inspect any such public records. See Louisiana Revised Statutes 44:1
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • public records: except as otherwise provided in this Chapter or the Constitution of Louisiana. See Louisiana Revised Statutes 44:1

For the purposes of this Chapter, person does not include an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies when the request for public records is not limited to grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3.  Notwithstanding the provisions contained in La. Rev. Stat. 44:32, the custodian may make an inquiry of any individual who applies for a public record to determine if such individual is in custody after sentence following a felony conviction who has exhausted his appellate remedies and the custodian may make any inquiry necessary to determine if the request of any such individual in custody for a felony conviction is limited to grounds upon which such individual may file for post-conviction relief under Code of Criminal Procedure Article 930.3.

Acts 1995, No. 653, §1.