State v. Sampson

Supreme Court of Louisiana
State v. Sampson, 841 So. 2d 747 (La. 2003)
2003 WL 329057
Per Curiam

State v. Sampson

Opinion

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.

Reference

Cited By
2 cases
Status
Published