Opinion
NO. 2017 KW 0175
04-18-2017
STATE OF LOUISIANA v. CHARLES D. CURRY
In Re: Charles D. Curry, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 113,216. BEFORE: PETTIGREW, McDONALD, AND PENZATO, JJ.
WRIT DENIED. The time for relator to challenge the timeliness of the State's writ application was in an opposition filed prior to the issuance of this Court's action on 2013 KW 2076. Furthermore, although the request for an extension was filed three days outside the original return date period, the district court did not abuse its discretion by setting a new return date where the State provided a reasonable explanation for the delay in filing the writ application. See Uniform Rules of Louisiana Courts of Appeal, Rule 4-3. Therefore, as correctly noted by the district court, this Court did have jurisdiction to consider and act on the State's prior writ application. Accordingly, the district court did not err by denying the application for postconviction relief.
AHP
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT