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Code · Louisiana · Louisiana Revised Statutes

CCRP 930.4

338 words·~2 min read·/la/930-4

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CCRP 930.4
Art. 930.4. Jurisdictional bars to relief; repetitive applications
A. Any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered.
B. If the application alleges a claim of which the petitioner had knowledge and inexcusably failed to raise in the proceedings leading to conviction, the court shall deny relief.
C. If the application alleges a claim which the petitioner raised in the trial court and inexcusably failed to pursue on appeal, the court shall deny relief.
D. If the application alleges a claim seeking to apply a new rule of criminal procedure that has been held by the United States Supreme Court and the Louisiana Supreme Court to be nonretroactive, the court shall deny relief.
E. A successive application shall be dismissed if it fails to raise a new or different claim.
F. A successive application shall be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application.
G. Any attempt or request by a petitioner to supplement or amend the application shall be subject to all of the limitations and restrictions set forth in this Article. In addition to serving the district attorney for the jurisdiction where the underlying conviction was obtained, any subsequent, successive, amending, or supplemental application shall be served by the petitioner on the district attorney and the attorney general. If the court subsequently orders any hearing on the application, the court shall send notice to the district attorney and attorney general at least sixty days in advance of the hearing date.
H. The limitations set forth in this Article shall be jurisdictional and shall not be waived or excused by the court or the district attorney.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2013, No. 251, §1, eff. Aug. 1, 2014; Acts 2021, No. 104, §1; Acts 2024, 2 nd Ex. Sess., No. 10, §1, eff. Aug. 1, 2024; Acts 2025, No. 393, §1.
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