State ex rel. Benn v. State

11Writ granted; relief denied. Established jurisprudence of this Court grants district judges the discretion to allow or to refuse amendment of timely filed but not *1046yet ruled-on applications for post-conviction relief. See, e.g., State ex rel. Foy v. Whitley, 92-1281 (La.10/6/95), 661 So.2d 455. Thus, to the extent that the trial judge exercised that discretion to allow the supplemental filing, the court of appeal erred in finding that the application is untimely under La.C.Cr.P. art. 930.8 and State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

Nonetheless, relator’s…