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La. Code Crim. Proc. art. 927.2

Unexhausted claims

activein force · 2026-09-15 – presentact-effective-date

A. A petitioner shall file an unexhausted claim in the state district court for the parish in which the petitioner was convicted within thirty days of the granting of a stay from a federal court if all of the following have occurred:

(1) The petitioner failed to raise a claim for post conviction relief in state district court.

(2) The petitioner raised a claim for post conviction relief in a petition for a federal habeas corpus proceeding.

(3) A federal court stayed the habeas corpus proceeding to allow the petitioner to exhaust the claim in state district court.

B. An application that raises an unexhausted claim shall establish all of the following:

(1) That the petitioner had good cause for failing to raise the claim in prior post conviction applications.

(2) That the claim is not plainly without merit.

(3) That the petitioner has not intentionally engaged in any dilatory litigation tactics.

C. The failure of the petitioner to satisfy any requirement in Paragraph A or B of this Article shall result in dismissal of the application.

D. The provisions of Articles 926 and 927.1 shall apply to any application that is filed pursuant to this Article.

E. The state district court shall expedite its consideration and resolution of an unexhausted claim.

F. If any party invokes the supervisory jurisdiction of the Louisiana Supreme Court to review the state district court's resolution of the unexhausted claim, the Louisiana Supreme Court shall give priority consideration to and expedite its review of the claim.

History

Acts 2026, No. 104, §1.

Provenance

Source
legis.la.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
0cb7f71b9e313a04133e4d20904b950f59fec309bde60bac8298544cbcf816ef
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La. Code Crim. Proc. art. 927.2 — Unexhausted claims · binding.law