State ex rel. Foy v. Whitley
Supreme Court of Louisiana
1Opinion of the Court
In re Foy, David; — Plaintiff(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit; Parish of Calcasieu, 14th Judicial District Court, Div. “E”, No. 6490-71.
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…
2Cases cited2 opinions
- State Ex Rel. Duhon v. WhitleySupreme Court of Louisiana · 1994
- State Ex Rel. Edge v. WhitleySupreme Court of Louisiana · 1992
3Cited by3 opinions
- State v. ThomasSupreme Court of Louisiana · 2009
- State ex rel. Benn v. StateSupreme Court of Louisiana · 2012
- State v. EverettLouisiana Court of Appeal · 2017