State Of Louisiana v. Dishay Demone Elzey

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0928

VERSUS

DISHAY DEMONE ELZEY
SEP 17 201

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

COU T OF APPEAL, FIRST CIRCUIT

1 D CLERK

FOR THE
OF

COURT
COURT