Background
Robert Johnson, Jr. sought supervisory review of rulings by the 19th Judicial District Court in East Baton Rouge Parish concerning his 2021 application for post-conviction relief.
The district court dismissed the application under Louisiana Code of Criminal Procedure article 927.1, which was part of amendments to the post-conviction relief articles that took effect on August 1, 2025.
The Court’s Holding
The Louisiana First Circuit granted Johnson’s writ application. It held that applying article 927.1 to his 2021 post-conviction application was impermissible because the 2025 legislation contained no express statement making the amendments retroactive.
The court vacated the district court’s rulings on Johnson’s application and remanded the matter. On remand, the district court must order the district attorney to file any procedural objections or an answer on the merits under the law in effect when the relevant filings were made.
Key Takeaways
- The 2025 amendments to Louisiana’s post-conviction relief articles cannot be applied retroactively absent an express legislative pronouncement.
- Applying article 927.1 to Johnson’s application, filed in 2021, was impermissible.
- The ruling restores the application for further proceedings under the law applicable when the filings occurred.
Why It Matters
The decision limits the use of Louisiana’s 2025 post-conviction amendments against applications filed before the amendments took effect. Courts addressing those earlier applications must apply the law in effect at the time of filing unless the Legislature expressly provides for retroactive application.