Opinion
No. 2023-KP-01509
05-29-2024
STATE of Louisiana v. Tabari BUTLER
Hughes, J., would grant.
Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court Number(s) 511-381, Court of Appeal, Fourth Circuit, Number(s) 2023-K-0623.
PER CURIAM:
1Denied. Applicant fails to show that a conflict of interest adversely affected his attorney’s performance. See State v. Wille, 595 So.2d 1149, 1153 (La. 1992) (citing Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980)).
Applicant has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La. C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Applicant’s claims have now been fully litigated in accord with La. C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
Hughes, J., would grant.