Rule Text
A. The petitioner may invoke the supervisory jurisdiction of the court of appeal if the trial court dismisses the application or otherwise denies relief on an application for post conviction relief. No appeal lies from a judgment dismissing an application or otherwise denying relief.
B. The district attorney and the attorney general shall have a right to suspensively appeal any order granting post conviction relief.
C. Repealed by Acts 2025, No. 393, §3.
Amendment history: Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 1985, No. 233, §1; Acts 2025, No. 393, §§1, 3.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If a trial court turns down someone's request for post-conviction relief, that person can't file a regular appeal. Instead, they have to ask a higher court (the court of appeal) to step in and review the decision using something called "supervisory jurisdiction." This is a different process than a normal appeal, and the higher court has more discretion in deciding whether to take up the case.
Things work differently if the person wins their request for post-conviction relief. In that situation, the district attorney or the state attorney general can file a suspensive appeal. This means they can appeal the decision and stop it from taking effect while the appeal is being decided.
Part C of this rule used to cover another topic, but lawmakers removed it in 2025. That part no longer applies.