Skip Navigation Links
      CCRP 930.3     

  

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.



If you experience any technical difficulties navigating this website, click here to contact the webmaster.
P.O. Box 94062 (900 North Third Street) Baton Rouge, Louisiana 70804-9062