Art. 930.2 Burden of proof

If you file a request asking a court to overturn or change your conviction after your case is already final, it's your job to prove you deserve that relief. The court won't just take your word for it. You need to bring evidence and make a solid legal argument showing why your conviction or sentence should be changed.

The state doesn't have to prove anything in this type of case. This is different from a regular trial, where the state must prove you're guilty. Here, the situation is reversed. Since you're the one asking the court to change something that's already been decided, the responsibility falls on you to show the court why that change is justified.

This means if your evidence is weak, unclear, or incomplete, your request will likely be denied. You can't rely on the state to disprove your claims. You have to actively prove your own case for relief.