Appendix A-2. SECOND OR SUBSEQUENT UNIFORM APPLICATION FOR POST-CONVICTION RELIEF

SECOND OR SUBSEQUENT UNIFORM APPLICATION FOR

POSTCONVICTION RELIEF

Please review La. C.Cr.P. Arts. 924 – 930.9 for the correct procedure for filing an application for

postconviction relief. This form does not modify the law or requirements as stated in those articles.

For the Time Limitations for filing this application, please see Louisiana Code of Criminal Procedure (La. C.Cr.P.)

Art. 930.8(A), which states in part that “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 . . .”

See remainder of La. C.Cr.P. Art. 930.8 for the Limited Exceptions relating to the extension of this time period.

SECOND OR SUBSEQUENT APPLICATION INSTRUCTIONS – READ

CAREFULLY

If this is not your First Application for postconviction relief, please carefully review all of the following

instructions:

1. In accordance with La. C.Cr.P. Art. 930.4(D) or (E), you are entitled to file one application for postconviction

relief after your conviction has become final and within the time limits provided in La. C.Cr.P. Art. 930.8.

2. If you are attempting to file a second or subsequent application, you must use this form and justify your right

to file a second or subsequent application in accordance with La. C.Cr.P. Arts. 930.4 and 930.8. If you fail to

use this form, your application may be automatically dismissed by the Court.

r conviction has become final and within the time limits provided in La. C.Cr.P. Art. 930.8.

2. If you are attempting to file a second or subsequent application, you must use this form and justify your right

to file a second or subsequent application in accordance with La. C.Cr.P. Arts. 930.4 and 930.8. If you fail to

use this form, your application may be automatically dismissed by the Court.

GENERAL INSTRUCTIONS – READ CAREFULLY

In addition to the above instructions, please carefully review all of the following instructions:

1. You must use this form or the District Court will not consider your application. This could affect your

ability to seek relief in accordance with the time limits established in La. C.Cr.P. Art. 930.8. Therefore, you must

use this form or justify your failure to do so within the postconviction time limits.

2. This application must be clearly written or typed, signed by you or your attorney, and sworn to before a notary

public or institutional officer authorized to administer an oath. Any false statement of a material fact may serve

as the basis for a criminal prosecution. Answer questions concisely in the proper space on the form. You may

attach additional pages stating the facts that support your claims for relief. No lengthy citations of authorities

or legal arguments are necessary.

3. When the application is completed, you must file the original application in the District Court for the

parish in which you were convicted and sentenced, and you must also send a copy to the State.

4. You must raise all claims for relief arising out of a single trial or guilty plea in one application.

5. You are only entitled to file an application for postconviction relief to challenge a habitual offender

adjudication or sentence within very limited circumstances. In most cases, you can only challenge a

habitual offender adjudication or sentence in an appeal.

send a copy to the State.

4. You must raise all claims for relief arising out of a single trial or guilty plea in one application.

5. You are only entitled to file an application for postconviction relief to challenge a habitual offender

adjudication or sentence within very limited circumstances. In most cases, you can only challenge a

habitual offender adjudication or sentence in an appeal.

REQUIRED ATTACHMENTS

A copy of the Louisiana Uniform Commitment Order of conviction and sentence must be attached to the

application, or the application must allege that a copy has been properly demanded and refused.

You must attach a copy of any judgment by any court regarding prior postconviction applications, or this

application may be dismissed by the district court. If you are unable to provide any judgments, please explain why.

Date of this Application:

____ / _____ / 20____

Name of Applicant:

DOC Number:

Place of Confinement:

District Court Case Number:

Parish of Conviction:

Name of Trial Judge:

Offense(s) for which you were convicted:

Do any of the convictions involve a sex offense or a human trafficking related offense where the victim

was a minor under the age of eighteen years (see La. R.S. 46:1842(1.1) and 46:1844(W)(2))? [Check One]

Yes □

No □

Date of Conviction:

____ / _____ / ______

Conviction by:

[Check One]

Guilty Plea □ Trial by Jury □

Trial by Judge □

Date of Sentencing:

____ / _____ / ______

Sentence:

Name of Counsel who represented you at the time

of trial, sentence and/or conviction:

Multiple Offender Proceeding: [Check One]

Yes □ No □

If yes, answer both of the following questions:

Result of Proceeding: [Check One]

Pled □ Adjudicated to be a Multiple Offender □

Adjudicated No Bill □

Sentence on Multiple Offender Bill:

Name of Counsel who represented you on

appeal:

Appeal of conviction and

sentence: [Check One]

Yes □ No □

Appellate Case #:

Appeal of Multiple Bill:

[Check One]

Yes □ No □

Appellate Case #:

No □

If yes, answer both of the following questions:

Result of Proceeding: [Check One]

Pled □ Adjudicated to be a Multiple Offender □

Adjudicated No Bill □

Sentence on Multiple Offender Bill:

Name of Counsel who represented you on

appeal:

Appeal of conviction and

sentence: [Check One]

Yes □ No □

Appellate Case #:

Appeal of Multiple Bill:

[Check One]

Yes □ No □

Appellate Case #:

Writ to Louisiana Supreme

Court: [Check One]

Yes □ No □

Supreme Court

Case #:

Action by Supreme Court:

[Check if Applicable]

Granted □ Denied □

Date of Action:

____ / _____ / ______

Rehearing to Supreme

Court: [Check if Applicable] Granted □ Denied □

Date of Action:

____ / _____ / ______

PRIOR APPLICATIONS INSTRUCTIONS – READ CAREFULLY

Please provide a list below of all prior applications for postconviction relief filed by you or on your behalf in

connection with the judgment of conviction and sentence challenged in this application. If you have filed more than

two prior applications, provide the information for each additional application on a separate sheet of paper.

District Court Case Number:

Parish of Conviction:

Date of Filing:

___ / ____ / _____ Is this the same case challenged in this application?

[Check One]

Yes □ No □

Claims Raised:

1.

2.

3.

4.

[Use Additional Sheet if Necessary]

Was relief granted? [Check One]

Yes □ No □

Date of Disposition: ___ / ____ / _____

Did you receive an evidentiary

hearing? [Check One]

Yes □ No □

Did you file a writ to the Court of

Appeal? [Check One]

Yes □ No □

Which Circuit?[Check One] 1□ 2□ 3□ 4□ 5□

Appellate Case #:

Sought writ to

Louisiana Supreme

Court? [Check One]

Granted □ Denied □

Not Sought □

Supreme Court

Case #:

Date of Ruling

___ / ____ / _____

Yes □ No □

Date of Disposition: ___ / ____ / _____

Did you receive an evidentiary

hearing? [Check One]

Yes □ No □

Did you file a writ to the Court of

Appeal? [Check One]

Yes □ No □

Which Circuit?[Check One] 1□ 2□ 3□ 4□ 5□

Appellate Case #:

Sought writ to

Louisiana Supreme

Court? [Check One]

Granted □ Denied □

Not Sought □

Supreme Court

Case #:

Date of Ruling

___ / ____ / _____

District Court Case Number:

Parish of Conviction:

Date of Filing:

___ / ____ / _____ Is this the same case challenged in this application?

[Check One]

Yes □ No □

Claims Raised:

1.

2.

3.

4.

[Use Additional Sheet if Necessary]

Was relief granted? [Check One]

Yes □ No □

Date of Disposition: ___ / ____ / _____

Did you receive an evidentiary

hearing? [Check One]

Yes □ No □

Did you file a writ to the Court of

Appeal? [Check One]

Yes □ No □

Which Circuit?[Check One] 1□ 2□ 3□ 4□ 5□

Appellate Case #:

Sought writ to

Louisiana Supreme

Court? [Check One]

Granted □ Denied □

Not Sought □

Supreme Court

Case #:

Date of Ruling

___ / ____ / _____

CLAIMS FOR RELIEF INSTRUCTIONS – READ CAREFULLY

You must include in this application all allowable claims relating to this conviction. If you do not, you may be

barred from presenting additional claims at a later date. See La. C.Cr.P. Art. 930.4. You must state the facts upon

which your claims are based. Do not just set out conclusions.

Please refer to La. C.Cr.P. Art. 930.3 (Grounds), which reads:

“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;

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; or

(8) The petitioner is determined by clear and convincing evidence to be factually innocent under Article

926.2.”

Using a separate sheet of paper, provide the following information as it relates to claims available under

La. C.Cr.P. Art. 930.3.

For each claim:

(A) You must state your claim, the ground on which it is based under La. C.Cr.P. Art. 930.3, and the facts that

support your claim.

(B) If there are witnesses who could testify in support of your claim, you must list their names and current

addresses. If you cannot do so, explain why.

(C) If you failed to raise this claim in the trial court prior to conviction or on appeal, you must explain why. This is

your opportunity to state reasons for your failure before the court considers dismissing the application in

accordance with La. C.Cr.P. Art. 930.4(F).

If you are raising a claim under La. C.Cr.P. art. 930.3(8), please refer to La. C.Cr.P. art. 926.2(B), which

reads (emphasis is solely to aid readability of statute):

e trial court prior to conviction or on appeal, you must explain why. This is

your opportunity to state reasons for your failure before the court considers dismissing the application in

accordance with La. C.Cr.P. Art. 930.4(F).

If you are raising a claim under La. C.Cr.P. art. 930.3(8), please refer to La. C.Cr.P. art. 926.2(B), which

reads (emphasis is solely to aid readability of statute):

(1)(a) To assert a claim of factual innocence under this Article, a petitioner shall present new, reliable, and

noncumulative evidence that would be legally admissible at trial and that was not known or discoverable at or

prior to trial and that is either:

(i) Scientific, forensic, physical, or nontestimonial documentary evidence.

(ii) Testimonial evidence that is corroborated by evidence of the type described in Item (i) of this

Subsubparagraph.

(b) To prove entitlement to relief under this Article, the petitioner shall present evidence that satisfies all of the

criteria in Subsubparagraph (a) of this Subparagraph and that, when viewed in light of all of the relevant evidence,

including the evidence that was admitted at trial and any evidence that may be introduced by the state in any

response that it files or at any evidentiary hearing, proves by clear and convincing evidence that, had the new

evidence been presented at trial, no rational juror would have found the petitioner guilty beyond a

reasonable doubt of either the offense of conviction or of any felony offense that was a responsive verdict to the

offense of conviction at the time of the conviction.

(2) A recantation of prior sworn testimony may be considered if corroborated by the evidence required by

Subsubparagraph (1)(a) of this Paragraph. However, a recantation of prior sworn testimony cannot form the sole

basis for relief pursuant to this Article.

(continued on next page)

f any felony offense that was a responsive verdict to the

offense of conviction at the time of the conviction.

(2) A recantation of prior sworn testimony may be considered if corroborated by the evidence required by

Subsubparagraph (1)(a) of this Paragraph. However, a recantation of prior sworn testimony cannot form the sole

basis for relief pursuant to this Article.

(continued on next page)

(3) If the petitioner pled guilty or nolo contendere to the offense of conviction, in addition to satisfying all of

the criteria in this Paragraph and in any other applicable provision of law, the petitioner shall show both of the

following to prove entitlement to relief:

(a) That, by reliable evidence, he consistently maintained his innocence until his plea of guilty or nolo

contendere.

(b) That he could not have known of or discovered his evidence of factual innocence prior to pleading guilty or

nolo contendere.

In the following space, provide a brief summary of the reasons why you are legally entitled to file a second or

subsequent application. If you fail to justify your right to file a second or subsequent application in accordance with

La. C.Cr.P. Arts. 930.4 and 930.8, your application may be automatically dismissed.

Wherefore, Applicant prays that the Court grant Applicant relief to which he/she may be entitled.

____ / _____ / 20____

[Day / Month/ Year]

______________________________________

[Signature of Applicant or Applicant’s attorney]

AFFIDAVIT

STATE OF LOUISIANA

PARISH OF _________________

___________________________ [Name of Applicant/Attorney], being first duly sworn says that he /she has read

the application for postconviction relief and swears or affirms that all of the information therein is true and correct.

_____________________________________ SWORN TO AND SUBSCRIBED before me this

[Signature of Applicant or Applicant’s attorney]

______ day of ________, 20___.

________________________________________

NOTARY or person authorized to administer oath

Case Name:

he has read

the application for postconviction relief and swears or affirms that all of the information therein is true and correct.

_____________________________________ SWORN TO AND SUBSCRIBED before me this

[Signature of Applicant or Applicant’s attorney]

______ day of ________, 20___.

________________________________________

NOTARY or person authorized to administer oath

Case Name:

JUDGMENT

[May be used by the Court in lieu of or in

addition to written reasons]

Case Number:

Considering the foregoing Application for Postconviction Relief, this Honorable Court hereby:

DENIES this application in accordance with La. C.Cr.P. Art.

926(E) □ 928 □ 929 □ 930.4 □ or 930.8 □ , or

ORDERS that the Applicant show cause in writing on or before the _____day of ____________, 20_____ why the

application should not be dismissed in accordance with La. C.Cr.P. Art.

926(E) □ 928 □ 929 □ 930.4 □ or 930.8 □ , or

ORDERS that the State be required to file a response to this application on or before the _____day of

____________, 20_____.

Signed in ___________________, Louisiana, this _____day of ____________, 20_____.

_________________________________________

JUDGE