reglab/housing_qa huggingface dataset:
LA Code Crim Pro art. 916 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 916. Divesting of jurisdiction of trial court

The jurisdiction of the trial court is divested and that of the appellate court attaches upon the entering of the order of appeal. Thereafter, the trial court has no jurisdiction to take any action except as otherwise provided by law and to: (1) Extend the return day of the appeal, the time for filing assignments of error, or the time for filing per curiam comments in accordance with Articles 844 and 919. (2) Correct an error or deficiency in the record. (3) Correct an illegal sentence or take other appropriate action pursuant to a properly made or filed motion to reconsider sentence. (4) Take all action concerning bail permitted by Title VIII. (5) Furnish per curiam comments. (6) Render an interlocutory order or a definitive judgment concerning a ministerial matter not in controversy on appeal. (7) Impose the penalty provided by Article 844. (8) Sentence the defendant pursuant to a conviction under the Habitual Offender Law as set forth in R.S. 15:529.1. Amended by Acts 1968, No. 147, §1; Acts 1974, No. 207, §1; Acts 1984, No. 527, §1; Acts 1986, No. 851, §1; Acts 1991, No. 38, §2; Acts 1997, No. 642, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE FOR PARAGRAPH (3).}}
LA Code Crim Pro art. 917 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 917. Record on appeal; preparation

The clerk of the trial court shall prepare the record on appeal and lodge it with the appellate court on or before the return date or any extension thereof. The clerk of the trial court shall prepare the record in accordance with the rules of the appellate court. Failure of the Clerk to prepare and lodge the record on appeal either correctly or timely shall not prejudice the appeal, unless such defect or delay is imputable to the appellant. Amended by Acts 1984, No. 528, §1; Acts 1988, No. 525, §1.
LA Code Crim Pro art. 918 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 918. Record on appeal; certified and dated

A. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record. B. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was completed and furnished to the clerk for inclusion in the record. Acts 1988, No. 525, §1.
LA Code Crim Pro art. 919 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 919. Record on appeal; preparation and delivery of transcripts

A. Each court reporter assigned to prepare any transcript necessary to complete the appeal record shall deliver the transcript to the clerk of the trial court who has the duty of preparing the record for appeal five days before the return date. B. Whenever the court reporter cannot deliver the transcript to the clerk of the trial court five days before the return date, the reporter shall file a request for an extension of the return date with the trial court or the appellate court as provided by Article 915.1. Whenever a court reporter has not delivered a transcript five days before the return date, the clerk of the trial court shall file a certificate with the court of appeal, not later than seven days after the return date, advising that the record is ready for lodging except for the lack of delivery of the transcript. In such certificate, the clerk shall include the name and address of each reporter who has failed to deliver a transcript and whether any of the court reporters have requested an extension of the return date. C. Upon the request of the appellate court when the transcript has not been delivered to the clerk of court, but the record is otherwise ready for lodging, the record shall be lodged. The clerk of the trial court shall include with the record a certificate stating the name and address of each court reporter who is required to prepare and deliver a transcript. Thereafter, the appellate court may issue appropriate orders to any named reporter to expedite the preparation and delivery of any necessary transcripts. Amended by Acts 1980, No. 537, §1. Acts 1984, No. 524, §1; Acts 1987, No. 726, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
LA Code Crim Pro art. 919.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 919.1. Record on appeal; contempt

A. Failure of any person to comply with Articles 914 through 919 may subject such person to contempt of court. Such contempt charges may be initiated by the trial court or by the appellate court on the court's own motion or by motion of any party. B. In any court where the duty of preparing the appellate record is delegated to, or assumed by, an official other than the clerk of court, by court rule or by custom, all of the provisions applicable to the clerk of court regarding the preparation of such a record are equally applicable to such court official. Acts 1988, No. 525, §1.
LA Code Crim Pro art. 920 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 920. Scope of appellate review

The following matters and no others shall be considered on appeal:  (1) An error designated in the assignment of errors; and  (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence. Amended by Acts 1974, No. 207, §1.
LA Code Crim Pro art. 921 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 921. Matters not grounds for reversal

A judgment or ruling shall not be reversed by an appellate court because of any error, defect, irregularity, or variance which does not affect substantial rights of the accused. Amended by Acts 1979, No. 86, §1.
LA Code Crim Pro art. 921.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 921.1. Notice of decision in criminal appeals

A. In addition to the requirements regarding transmission of notice of judgment and copies of decisions under the Uniform Rules of Louisiana Courts of Appeal, when a decision in an appellate court in a criminal appeal is rendered, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections. B. When a decision of the supreme court is rendered in a criminal appeal, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections. Acts 2014, No. 600, §1.
LA Code Crim Pro art. 922 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 922. Finality of judgment on appeal

A. Within fourteen days of rendition of the judgment of the supreme court or any appellate court, in term time or out, a party may apply to the appropriate court for a rehearing. The court may act upon the application at any time. B. A judgment rendered by the supreme court or other appellate court becomes final when the delay for applying for a rehearing has expired and no application therefor has been made. C. If an application for a rehearing has been made timely, a judgment of the appellate court becomes final when the application is denied. D. If an application for a writ of review is timely filed with the supreme court, the judgment of the appellate court from which the writ of review is sought becomes final when the supreme court denies the writ. Acts 1983, No. 451, §1; Acts 1993, No. 976, §1.
LA Code Crim Pro art. 923 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 923. Duty of clerk as to final decisions in appellate court

When a decision of an appellate court becomes final, the clerk of court shall transmit a certified copy of the decree to the court from which the appeal was taken. When the judgment is received by the lower court, it shall be filed and executed.
LA Code Crim Pro art. 924 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 924. Definitions

As used in this Title: (1) An "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. (2) "Custody" means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense. (3) "DNA testing" means any method of testing and comparing deoxyribonucleic acid that would be admissible under the Louisiana Code of Evidence. (4) "Unknown sample" means a biological sample from an unknown donor constituting evidence of the commission of an offense or tending to prove the identity of the perpetrator of an offense. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1.
LA Code Crim Pro art. 924.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 924.1. Effect of appeal

An application for post conviction relief shall not be entertained if the petitioner may appeal the conviction and sentence which he seeks to challenge, or if an appeal is pending. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 925 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 925. Venue

Applications for post conviction relief shall be filed in the parish in which the petitioner was convicted. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 926 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 926. Petition

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.
LA Code Crim Pro art. 926.3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 926.3. Motion for testing of evidence

  A. Upon motion of the state or the petitioner, the district court may order the testing or examination of any evidence relevant to the offense of conviction in the custody and control of the clerk of court, the state, or the investigating law enforcement agency.  B. If the motion is made by the petitioner and the state does not expressly consent to the testing or examination, a motion made under this Article shall be granted only following a contradictory hearing at which the petitioner shall establish that good cause exists for the testing or examination. If the state does not expressly consent to the testing or examination and the motion made under this Article is granted following the contradictory hearing, the district attorney and investigating law enforcement agency shall not be ordered to bear any of the costs associated with the testing or examination.  Acts 2021, No. 104, §1.
LA Code Crim Pro art. 927 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 927. Procedural objections; answer

A. If an application alleges a claim which, if established, would entitle the petitioner to relief, the court shall order the custodian, through the district attorney in the parish in which the defendant was convicted, to file any procedural objections he may have, or an answer on the merits if there are no procedural objections, within a specified period not in excess of thirty days. If procedural objections are timely filed, no answer on the merits of the claim may be ordered until such objections have been considered and rulings thereon have become final. B. In any order of the court requiring a response by the district attorney pursuant to this Article, the court shall render specific rulings dismissing any claim which, if established as alleged, would not entitle the petitioner to relief, and shall order a response only as to such claim or claims which, if established as alleged, would entitle the petitioner to relief.  C. If the court orders an answer filed, the court need not order production of the petitioner except as provided in Article 930. Acts 1990, No. 523, §1.
LA Code Crim Pro art. 928 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 928. Dismissal upon the pleadings

The application may be dismissed without an answer if the application fails to allege a claim which, if established, would entitle the petitioner to relief. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 929 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 929. Summary disposition

A. If the court determines that the factual and legal issues can be resolved based upon the application and answer, and supporting documents, including relevant transcripts, depositions, and other reliable documents submitted by either party or available to the court, the court may grant or deny relief without further proceedings. B. For good cause, oral depositions of the petitioner and witnesses may be taken under conditions specified by the court. The court may authorize requests for admissions of fact and of genuineness of documents. In such matters, the court shall be guided by the Code of Civil Procedure.  Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 930 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930. Evidentiary hearing

A. An evidentiary hearing for the taking of testimony or other evidence shall be ordered whenever there are questions of fact which cannot properly be resolved pursuant to Articles 928 and 929. The petitioner, in absence of an express waiver, is entitled to be present at such hearing, unless the only evidence to be received is evidence as permitted pursuant to Subsection B of this Section, and the petitioner has been or will be provided with copies of such evidence and an opportunity to respond thereto in writing. B. Duly authenticated records, transcripts, depositions, documents, or portions thereof, or admissions of facts may be received in evidence. C. No evidentiary hearing on the merits of a claim shall be ordered or conducted, nor shall any proffer of evidence be received over the objection of the respondent, and no ruling upon procedural objections to the petition shall purport to address the merits of the claim over the objection of the respondent, unless the court has first ruled upon all procedural objections raised by the respondent, and such rulings have become final. Any language in a ruling on procedural objections raised by the respondent which purports to address the merits of the claim shall be deemed as null, void, and of no effect. Acts 1990, No. 523, §1.
LA Code Crim Pro art. 930.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.1. Judgment granting or denying relief under Articles 928, 929, and 930

A copy of the judgment granting or denying relief and written or transcribed reasons for the judgment shall be furnished to the petitioner, the district attorney, and the custodian. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 930.2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.2. Burden of proof

The petitioner in an application for post conviction relief shall have the burden of proving that relief should be granted. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 930.3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.3. Grounds

  If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds:  (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana.  (2) The court exceeded its jurisdiction.  (3) The conviction or sentence subjected him to double jeopardy.  (4) The limitations on the institution of prosecution had expired.  (5) The statute creating the offense for which he was convicted and sentenced is unconstitutional.  (6) The conviction or sentence constitute the ex post facto application of law in violation of the constitution of the United States or the state of Louisiana.  (7) The results of DNA testing performed pursuant to an application granted under Article 926.1 proves by clear and convincing evidence that the petitioner is factually innocent of the crime for which he was convicted.  (8) The petitioner is determined by clear and convincing evidence to be factually innocent under Article 926.2.  Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1; Acts 2021, No. 104, §1.
LA Code Crim Pro art. 930.4 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.4. Repetitive applications

  A. Unless required in the interest of justice, 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. A successive application shall be dismissed if it fails to raise a new or different claim.  E. A successive application shall be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application.  F. If the court considers dismissing an application for failure of the petitioner to raise the claim in the proceedings leading to conviction, failure to urge the claim on appeal, or failure to include the claim in a prior application, the court shall order the petitioner to state reasons for his failure. If the court finds that the failure was excusable, it shall consider the merits of the claim.  G. Notwithstanding any provision of this Title to the contrary, the state may affirmatively waive any procedural objection pursuant to this Article. Such waiver shall be express and in writing and filed by the state into the district court record.  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.
LA Code Crim Pro art. 930.5 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.5. Custody pending retrial; bail

If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial if it appears that there are legally sufficient grounds upon which to reprosecute the petitioner. In such a case, the petitioner shall be entitled to bail on the offense as though he has not been convicted of the offense. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
LA Code Crim Pro art. 930.6 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.6. Review of trial court judgments

A. The petitioner may invoke the supervisory jurisdiction of the court of appeal if the trial court dismisses the application or otherwise denies relief on an application for post conviction relief. No appeal lies from a judgment dismissing an application or otherwise denying relief. B. If a statute or ordinance is declared unconstitutional, the state may appeal to the supreme court. If relief is granted on any other ground, the state may invoke the supervisory jurisdiction of the court of appeal. C. Pending the state's application for writs, or pending the state's appeal, the district court or the court of appeal may stay the judgment granting relief. Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 1985, No. 233, §1.
LA Code Crim Pro art. 930.7 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.7. Right to counsel

A. If the petitioner is indigent and alleges a claim which, if established, would entitle him to relief, the court may appoint counsel. B. The court may appoint counsel for an indigent petitioner when it orders an evidentiary hearing, authorizes the taking of depositions, or authorizes requests for admissions of fact or genuineness of documents, when such evidence is necessary for the disposition of procedural objections raised by the respondent. C. The court shall appoint counsel for an indigent petitioner when it orders an evidentiary hearing on the merits of a claim, or authorizes the taking of depositions or requests for admissions of fact or genuineness of documents for use as evidence in ruling upon the merits of the claim. Acts 1990, No. 523, §1.
LA Code Crim Pro art. 930.9 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.9. Attendance by the petitioner

In the event that the petitioner for post-conviction relief is incarcerated, he may be present at post-conviction relief proceedings by teleconference, video link, or other visual remote technology. Acts 2008, No. 626, §1.
LA Code Crim Pro art. 930.10 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 930.10. Departure from this Title; post conviction plea agreements

  A. Upon joint motion of the petitioner and the district attorney, the district court may deviate from any of the provisions of this Title.  B. Notwithstanding the provisions of Article 930.3 or any provision of law to the contrary, the district attorney and the petitioner may, with the approval of the district court, jointly enter into any post conviction plea agreement for the purpose of amending the petitioner's conviction, sentence, or habitual offender status. The terms of any post conviction plea agreement pursuant to this Paragraph shall be in writing, shall be filed into the district court record, and shall be agreed to by the district attorney and the petitioner in open court. The court shall, prior to accepting the post conviction plea agreement, address the petitioner personally in open court, inform him of and determine that he understands the rights that he is waiving by entering into the post conviction plea agreement, and determine that the plea is voluntary and is not the result of force or threats, or of promises apart from the post conviction plea agreement.  Acts 2021, No. 104, §1.
LA Code Crim Pro art. 931 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 931. Courts, judges, and magistrates

Except where the context clearly indicates otherwise, as used in this Code:  (1) "Court" means a court with criminal jurisdiction or its judge. It does not include a mayor's court or a justice of the peace. (2) "City court" means a city, town, village, or other municipal court, with criminal jurisdiction. It does not include a mayor's court or a justice of the peace. (3) "Judge" means a judge of a court, as defined in this article. (4) "Magistrate" means any judge, a justice of the peace, or a mayor of a mayor's court.