Louisiana Post-Conviction Relief Attorney

Who Can File for Post-Conviction Relief?

There are strict time limits for when a person can file for post-conviction relief. In Louisiana, a person may file for post-conviction relief just two (2) years from the date on which his or her conviction becomes final to seek relief from the same district court judge who originally heard his case.

Post-conviction relief attempts to resolve issues involving:

• Newly-discovered evidence
• Errors the defense didn’t know about
• Changing state and federal laws
• Ineffective assistance of counsel

Convicted individuals may consider this legal avenue when their petition for an appeal gets denied, or they don’t want another trial. Post-conviction relief is granted when evidence reveals that due process was compromised.

Some situations that may lead the court to grant post-conviction relief include:

• Illegal or improper sentencing
• The failure of the prosecutor to release exculpatory evidence
• Newly-available evidence that was not included in the original trial
• Admission of evidence or testimony that shouldn’t have been at trial
• Inadequate assistance or efforts by the defendant’s counsel
• Law changes that affect the determination of the case
• Evidence of witness tampering or perjury
• Court exceeds its jurisdiction
• DNA results prove innocence

There are also specific claims that will not get considered for post-conviction relief. Allegations involving a sentence’s excessiveness or general sentencing errors are not a basis for these types of proceedings. Challenging a court’s determination that one is a multiple or repeat offender is not proper grounds for relief.

Court Post-Conviction Relief Decisions

There are numerous reasons a district court might deny a request for relief, so it’s imperative that your attorney evaluates the merit of your request thoroughly. This is a complex process that requires careful review of your application.

You knew about the mistake. There is a chance your relief gets denied because you knew about the error you were ever convicted.

Raising a claim at trial. If you request relief by raising a complaint during your hearing and not on appeal, it could get denied.

Missed an appropriate opportunity to file. The court could deny a claim if the incarcerated person had the chance to submit the request while on appeal or previously submitted post-conviction relief applications.

You didn’t adhere to the proper protocol when applying. If you do not follow the appropriate steps outlined by the state and/or federal court when asking for post-conviction relief, the court will not make any determination in the claim whatsoever.

Your attorney doesn’t have the experience. On occasion, a lawyer may not have the appropriate legal background to navigate the post-conviction relief process effectively.

Another possible outcome of your post-conviction relief request is that the court might decide your claim based on your submitted application, supporting documentation, and the answer give by representatives for the state. You might not ever have a hearing in this situation, and the court will decide to grant or deny your case based on the information submitted.