State ex rel. Duhon v. Whitley
| Decision Date | 02 September 1994 |
| Citation | 642 So.2d 1273 |
| Parties | 92-1740 La |
| Court | Louisiana Supreme Court |
In re Duhon, Carl W.;--Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Calcasieu, 14th Judicial District Court, Div. "E", No. 80264.
Writ granted; Case remanded to the district court. The district court is ordered to exercise its discretion and determine whether the interests of justice require that relator be allowed to amend and supplement his timely filed application for post conviction relief. La.C.Cr.P. art. 930.8 does not take away from district judges the discretion to allow amendment and supplementation of timely filed pleadings. See State ex rel. Edge v. Whitley, 599 So.2d 1090 (La.1992) (Calogero, C.J., concurring).
DENNIS, J., not on panel.
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11 cases
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State ex rel. Glover v. State
...of the writ in this country and the evolution of various theories concerning its scope).8 Moreover, in State ex rel. Duhon v. Whitley, 92-1740 (La. 9/2/94), 642 So.2d 1273, this court recognized that district courts should exercise discretion in determining whether the interests of justice ......
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State v. Farinas
...to allow the defendant to amend and supplement a timely-filed application for post-conviction relief. State ex. rel. Duhon v. Whitley, 92-1740 (La.9/2/94), 642 So.2d 1273. This is so even if the supplementation arises after the expiration of Article 930.8's time bar. State v. Sampson, 02-90......
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Glover v. Cain
...underlying each of these claims was obviously apparent at the time of trial." Id. at 719.4 "We believe our decision in Duhon [v. Whitley, 642 So.2d 1273 (La.1994) ] provides additional assistance to inmates facing the constraints of Art. 930.8 by ensuring that a petitioner who timely files ......
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State ex rel. Sims v. State
...court had ruled upon his first application, relator shows no error in the district court's dismissal. See State ex rel. Duhon v. Whitley , 92-1740 (La. 9/2/94), 642 So.2d 1273 (district court retains discretion to allow petitioner to supplement or amend claims before it has issued a ruling ......
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