Uniform Application For Post-Conviction Relief - State Of Louisiana Supreme Court (Page 4 of 7) in pdf

(1) First petition, etc. Yes ( ) No ( )

(2) Second petition, etc. Yes ( ) No ( )

(e) If you did not appeal or seek writs from the denial of any post-conviction application, explain briefly

why you did not:

___________________________________________________________________________

(f) Name of the lawyer who represented you on appeal from the denial of any post-conviction application

[if none, so state]:

(1) First petition ___________________________________________________________________

(2) Second petition _________________________________________________________________

CLAIMS FOR RELIEF

State concisely facts supporting your claim that you are being held unlawfully. If necessary, you may attach

extra pages stating additional claims and supporting facts. Do not argue points of law.

The following is a list of those claims, and only those claims, that may provide you with grounds for relief:

(1) Your conviction was obtained in violation of the constitution of the United States or the State of

Louisiana;

(2) The court exceeded its jurisdiction;

(3) Your conviction or sentence subjected you to double jeopardy;

(4) The limitations on prosecution had expired;

(5) The statute creating the offense for which you were 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.

A REMINDER: THE ABOVE LIST CONTAINS ONLY THOSE CLAIMS THAT YOU MAY RAISE

FOR RELIEF. YOU MUST SET FORTH ALL OF YOUR COMPLAINTS ABOUT YOUR CONVICTION IN

THIS APPLICATION. YOU MAY BE BARRED FROM PRESENTING ADDITIONAL CLAIMS AT A

LATER DATE. Remember that you must state the FACTS upon which your complaints about your conviction

are based. MERE CONCLUSORY ALLEGATIONS WILL NOT SUFFICE.

REPETITIVE APPLICATIONS

The above claims may not provide grounds for relief if any of the following applies to you:

(1) Unless required in the interest of justice, any claim for relief which you fully litigated in an appeal shall

not be considered.

(2) Any claim of which you had knowledge and inexcusably failed to raise in the proceeding leading to

conviction may be denied by the court.

(3) Any claim which you raised in the trial court and inexcusably failed to pursue on appeal may be denied by

the court.

(4) A successive application may be dismissed if it fails to raise a new or different claim.

(5) A successive application may be dismissed if it raises a new or different claim that was inexcusably

Uniform Application For Post-Conviction Relief - State Of Louisiana Supreme Court Page 4