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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 90
BY REPRESENTATIVE SEABAUGH
A CONCURRENT RESOLUTI ON
To direct the Criminal Code Committee of the Louisiana State Law Institute to study the
issue of post-conviction relief, specifically with regard to the costs associated with
providing such relief, and to issue a report of its findings and recommendations on
the feasibility of assessing certain fees for applications for post-conviction relief to
the Legislature of Louisiana.
WHEREAS, pursuant to Louisiana law, once a criminal defendant has exhausted all
possible appeals of his conviction and sentence, the defendant may then file an application
for post-conviction relief, which is a petition filed by the defendant seeking to have the
conviction and sentence set aside; and
WHEREAS, in the case of State ex rel. Glover v. State, 93-2330 (La. 1995), 660
So.2d 1189, the Louisiana Supreme Court discussed the constitutionality of a provision of
the Code of Criminal Procedure which provides time limitations for filing an application for
post-conviction relief, and the court, relying on support from decisions by the United States
Supreme Court, stated that states are not required by the constitution to provide post-
conviction relief; and
WHEREAS, in the same case, the Louisiana Supreme Court cited a United States
Supreme Court case in which Justice Rehnquist, writing for a four justice plurality, stated
that "[t]he Due Process Clause ... does not establish any right to an appeal ... and certainly
does not establish any right to collaterally attack a final judgment of conviction." Glover,
660 So.2d at 1194 (citing United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 48
L.Ed.2d 666 (1976); and
WHEREAS, the court stated further in the Glover decision that "[o]ne of the goals
of Louisiana's system of justice is to provide the accused and the state fair and prompt trials,
appeals, and further proceedings to correct error," but that this system of justice should also ENROLLEDHCR NO. 90
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reflect the "legitimate concern ... that this process should also end within a reasonable period
of time." Glover, 660 So.2d at 1196; and
WHEREAS, it is necessary in choosing to provide criminal defendants with access
to post-conviction relief, that certain interests also be considered, including but not limited
to equal access to the courts, efficiency of the judicial and criminal justice system, costs
associated with providing such access, and finality of court determinations, including
criminal convictions and sentencing.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
direct the Criminal Code Committee of the Louisiana State Law Institute to study the issue
of post-conviction relief, specifically with regard to the costs associated with providing such
relief, and to issue a report to the Legislature of Louisiana no later than March 1, 2013,
which shall include its findings and recommendations on the feasibility of imposing certain
fees for applications for post-conviction relief.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the Criminal Code Committee of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE