2002-KP-0909 Precedential Processed

State v. Sampson

Louisiana Supreme Court · Filed February 14, 2003 · 841 So. 2d 747

Cited by

State Of Louisiana v. Essence Dyson La. Ct. App. 1st Cir. 2025
Richard Benoit Versus Kirt Guerin, Warden Elayn Hunt Correctional Center La. Ct. App. 5th Cir. 2023
State v. Farinas 28 So. 3d 1132 La. Ct. App. 1st Cir. 2009
State v. Moses 932 So. 2d 701 La. Ct. App. 5th Cir. 2006

Authorities cited

Identified automatically; this list may not be exhaustive.

Campbell v. Louisiana Department of Transportation & Development 642 So. 2d 1273
Muntz v. Lensing 668 So. 2d 1147

Opinion text

841 So.2d 747 (2003) STATE of Louisiana v. Merald SAMPSON. No. 2002-KP-0909. Supreme Court of Louisiana. February 14, 2003. PER CURIAM: Writ granted; court of appeal order reversed; case remanded. Whatever the words used in its order, the district court was acting within its discretion when it in effect ordered supplementation of the timely-filed application for post-conviction relief, even if the supplementation were not to arrive until after the expiration of the prescriptive period. State ex rel. Duhon v. Whitley, 92-1740 (La.9/2/94), 642 So.2d 1273 ; cf. Muntz v. Lensing, 96-0230 (La.3/8/96), 668 So.2d 1147 . Accordingly, the court of appeal order finding the application time-barred is reversed and the case is remanded to the district court for further proceedings consistent with its order of December 13, 2001. CALOGERO, C.J., recused.