La. Code Crim. Proc. art. 930.8 — LA Code / Code code-of-criminal-procedure / Article 930.8
Time limitations; exceptions; prejudicial delay
Status: in_force

A. No application for post conviction relief, including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final under the provisions of Article 914 or 922, unless any of the following apply:

(1) The application alleges, and the petitioner proves or the state admits, that the facts upon which the claim is predicated were not known to the petitioner or his prior attorneys. Further, the petitioner shall prove that he exercised diligence in attempting to discover any post conviction claims that may exist. "Diligence" for the purposes of this Article is a subjective inquiry that shall take into account the circumstances of the petitioner. Those circumstances shall include but are not limited to the educational background of the petitioner, the petitioner's access to formally trained inmate counsel, the financial resources of the petitioner, the age of the petitioner, the mental abilities of the petitioner, or whether the interests of justice will be served by the consideration of new evidence. New facts discovered pursuant to this exception shall be submitted to the court within two years of discovery. If the petitioner pled guilty or nolo contendere to the offense of conviction and is seeking relief pursuant to Article 926.2 and five years or more have elapsed since the petitioner pled guilty or nolo contendere to the offense of conviction, the petitioner shall not be eligible for the exception provided for by this Subparagraph.

(2)(a) Facts that were known to any attorney for the petitioner shall be presumed to have been known by the petitioner unless the petitioner rebuts this presumption by clear and convincing evidence. Facts that were contained in the record of the court proceedings concerning the conviction challenged in the application shall be deemed to have been known by the petitioner. The provisions of this Subparagraph are applicable if the petitioner proves both of the following:

(i) That the petitioner exercised due diligence in attempting to discover any post conviction claims or facts upon which any claims may be based.

(ii) That exceptional circumstances exist, the interest of justice will be served by consideration of the claim based upon the previously unknown facts, and the newly discovered facts in support of the claim are sufficiently compelling that manifest injustice will result if the claim is not considered.

(b) The petitioner shall have the burden of proving the provisions of this Subsubparagraph by clear and convincing evidence.

(3) The claim asserted in the petition is based upon a final ruling of an appellate court establishing a theretofore unknown interpretation of constitutional law and petitioner establishes that this interpretation is retroactively applicable to his case, and the petition is filed within one year of the finality of such ruling.

(4) The application would already be barred by the provisions of this Article, but the application is filed on or before August 1, 2027, and the date on which the application was filed is within two years after the judgment of conviction and sentence has become final.

(5) The petitioner qualifies for the exception to timeliness in Article 926.1.

(6) The petitioner qualifies for the exception to timeliness in Article 926.2.

B.(1) When the petitioner has been sentenced to death, all appellate review of post-conviction relief applications, including supervisory review of post-conviction relief applications, shall be filed directly with the Louisiana Supreme Court.

(2) When an execution warrant has been issued, any application for post-conviction relief that contains a new claim, pleading, or other legal matter shall be filed no later than forty-five days prior to the execution date of the petitioner. A ruling on such application shall be issued no later than twenty-one days prior to the execution date of the petitioner. The exclusive means of review shall be a writ application filed directly with the Louisiana Supreme Court within seven days of the ruling on the application.

C. An application for post conviction relief which is timely filed, or which is allowed under an exception to the time limitation as set forth in Paragraph A of this Article, shall be dismissed upon a showing by the state of prejudice to its ability to respond to, negate, or rebut the allegations of the petition caused by events not under the control of the state which have transpired since the date of original conviction, if the court finds, after a hearing limited to that issue, that the state's ability to respond to, negate, or rebut such allegations has been materially prejudiced thereby. When the petitioner fails to timely seek a hearing that is allowed by law or fails to pursue claims for a period of two years after filing an application, the delay caused by inaction shall be presumed as prejudicial. The petitioner shall bear the burden of rebutting the presumption of prejudice. A final judgment dismissing an application based upon prejudice shall be a final adjudication of state post conviction claims in the application for purposes of exhaustion of state court remedies and federal habeas corpus proceedings.

D. At the time of sentencing, the trial court shall inform the defendant of the prescriptive period for post-conviction relief either verbally or in writing. If a written waiver of rights form is used during the acceptance of a guilty plea, the notice required by this Paragraph may be included in the written waiver of rights.

E. Any attempt or request by a petitioner to supplement or amend the application shall be subject to all of the limitations and restrictions as set forth in this Article.

F. All of the limitations set forth in this Article shall be jurisdictional and shall not be waived or excused by the court or the district attorney.

Acts 1990, No. 1023, §1, eff. Oct. 1, 1990; Acts 1999, No. 1262, §1; Acts 2004, No. 401, §1; 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.