CCRP 930.4     

Art. 930.4. Repetitive applications

            A. Unless required in the interest of justice, any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered.

            B. If the application alleges a claim of which the petitioner had knowledge and inexcusably failed to raise in the proceedings leading to conviction, the court shall deny relief.

            C. If the application alleges a claim which the petitioner raised in the trial court and inexcusably failed to pursue on appeal, the court shall deny relief.

            D. A successive application shall be dismissed if it fails to raise a new or different claim.

            E. A successive application shall be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application.

            F. Any attempt or request by a petitioner to supplement or amend the application shall be subject to all of the limitations and restrictions set forth in this Article. In addition to serving the district attorney for the jurisdiction where the underlying conviction was obtained, any application filed after the first application for post conviction relief shall be served on the district attorney and the attorney general at least sixty days in advance of the hearing on the application. Both the district attorney and the attorney general shall have a right to suspensively appeal any order granting relief.

            G. All of the limitations set forth in this Article shall be jurisdictional and shall not be waived or excused by the court or the district attorney.

            Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2013, No. 251, §1, eff. Aug. 1, 2014; Acts 2021, No. 104, §1; Acts 2024, 2nd Ex. Sess., No. 10, §1, eff. Aug. 1, 2024.