House Bill No. by Representative Mike Johnson aims to establish new procedures for handling unexhausted claims in post-conviction relief applications. The bill enacts Code of Criminal Procedure Article 927.2, which requires petitioners to submit unexhausted claims to the state district court within thirty days of receiving a stay from a federal court, provided certain conditions are met. These conditions include the failure to raise the claim in state court, the raising of the claim in a federal habeas corpus petition, and the federal court's stay to allow for exhaustion in state court. The bill also outlines the necessary contents of the application and stipulates that failure to meet any requirements will result in dismissal.
Additionally, the proposed law mandates that the state district court expedite the consideration and resolution of unexhausted claims. If any party seeks review from the Louisiana Supreme Court regarding the state district court's resolution, the Supreme Court is required to prioritize and expedite its review of the claim. The provisions of existing law regarding the abandonment of applications (C.Cr.P. Art. 927.1) will also apply to applications filed under this new article.