Opinion
NO. 2019 KW 0928
09-17-2019
STATE OF LOUISIANA v. DISHAY DEMONE ELZEY
In Re: Dishay Demone Elzey, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 506841. BEFORE: WHIPPLE, C.J., GUIDRY AND CRAIN, JJ.
WRIT DENIED. It is well-settled that district court judges have the discretion, if the interests of justice require, to allow a petitioner to amend and supplement a timely filed but not yet ruled on application for postconviction relief. See State ex rel. Benn v. State, 2011-2418 (La. 6/22/12), 90 So.3d 1045, 1046 (per curiam). See also State ex rel. Foy v. Whitley, 92-1281 (La. 10/6/95), 661 So.2d 455. The instant writ application was filed almost ten months after the district court's rulings on relator's applications for postconviction relief.
VGW
JMG
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT