Art. 926.2. Factual innocence
A. A petitioner who has been convicted of an offense may seek post conviction relief
on the grounds that he is factually innocent of the offense for which he was convicted. A
petitioner's first claim of factual innocence pursuant to this Article that would otherwise be
barred from review on the merits by the time limitation provided in Article 930.8 or the
procedural objections provided in Article 930.4 shall not be barred if the claim is contained
in an application for post conviction relief filed on or before December 31, 2022, and if the
petitioner was convicted after a trial completed to verdict. This exception to Articles 930.4
and 930.8 shall apply only to the claim of factual innocence brought under this Article and
shall not apply to any other claims raised by the petitioner. An application for post
conviction relief filed pursuant to this Article by a petitioner who pled guilty or nolo
contendere to the offense of conviction or filed by any petitioner after December 31, 2022,
shall be subject to Articles 930.4 and 930.8.
B.(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.
(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.
C.(1) A grant of post conviction relief pursuant to this Article shall not prevent the
petitioner from being retried for the offense of conviction, for a lesser offense based on the
same facts, or for any other offense.
(2) If the petitioner waives his right to a jury trial and elects to be tried by a judge,
the district judge who granted post conviction relief pursuant to this Article shall be recused
and the case shall be allotted to a different judge in accordance with applicable law and rules
of court.
(3) If the district judge denied post conviction relief pursuant to this Article and an
appellate court later reversed the ruling of the district judge and granted post conviction relief
pursuant to this Article, and if the petitioner waives his right to a jury trial and elects to be
tried by a judge, upon the petitioner's motion the district judge who denied post conviction
relief shall be recused and the case shall be allotted to a different judge in accordance with
applicable law and rules of court.
Acts 2021, No. 104, §1.