Action required after filing of application; procedural objections; answer
La. Code Crim. Proc. art. 927
in effect927. Action required after filing of application; procedural objections; answer
A.(1) The court shall conduct a preliminary review of all petitions for post-conviction relief for compliance with the limitations for relief established in this Title. In conducting its review of the application, the court shall consider, among other things, all of the following:
(a) Whether the petitioner was in custody at the time the application for post-conviction relief was filed.
(b) Whether the application is timely pursuant to Article 930.8.
(c) Whether the application states adequate factual or legal grounds for relief.
(d) Whether the application states legal grounds for relief that are not meritorious.
(e) Whether the application states factual grounds which, if established, do not entitle the petitioner to relief.
(f) Whether the application states factual grounds that, if true, entitle the petitioner to relief but are so contradicted by the court record that the court is satisfied that the factual allegations are untrue.
(g) Whether each claim in the application is procedurally barred or frivolous on its face.
(2) If it is evident from the petition and any attached exhibits that the petitioner is not entitled to relief, the court shall dismiss the application. If the application is not dismissed, the judge shall order an answer pursuant to Paragraph B of this Article. The fact that the court has not dismissed the application upon preliminary review shall not preclude the district attorney or the attorney general from subsequently raising objections on any of the grounds listed in Subparagraph (1) of this Paragraph or any other grounds provided by law.
B. If an application is not dismissed pursuant to Paragraph A of this Article, 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 sixty days. If the district attorney waives or does not file procedural objections, the response shall be provided to the attorney general concurrent with filing. The court's order shall include a copy of the application for post conviction relief and the attorney general shall have thirty days to file objections. If procedural objections are filed by the district attorney or the attorney general, no answer on the merits of the claim nor any hearing on the merits shall be ordered until such objections have been considered and rulings thereon have become final.
C. In any order of the court requiring a response by the district attorney or attorney general 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.
D. If the court orders an answer filed, the court need not order production of the petitioner except as provided in Article 930.
E. Subject to the provisions of Article 930.4(F), if the application is successive or supplemental to a previous application, the court shall send notice to the attorney general.
F. If the court has determined that the application cannot be summarily dismissed, the court shall determine after an answer is filed whether an evidentiary hearing is necessary and shall set a status conference within sixty days.
Acts 1990, No. 523, §1; Acts 2025, No. 393, §1.
Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=112938Fetched: 10/20/2026