State Ex Rel. Antoine Tate v. Tim Hooper, Warden, Louisiana State Penitentiary, Angola, Louisiana

Supreme Court of Louisiana
April 23, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE EX REL. ANTOINE TATE
VS.
TIM HOOPER, WARDEN, LOUISIANA
STATE PENITENTIARY, ANGOLA,
LOUISIANA
No. 2023-KP-01409
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I
N RE: Antoine Tate - Applicant Defendant; Applying For Supervisory Writ, Parish
of East Baton Rouge, 19th Judicial District Court Number(s) 01-97-0502;
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April 23, 2024
Writ application granted in part. See per curiam.
Crichton, J., additionally concurs and assigns reasons.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
04/23/2024 "See News Release 018 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KP-01409
STATE EX REL. ANTOINE TATE
VS.
TIM HOOPER, WARDEN, LOUISIANA STATE PENITENTIARY,
ANGOLA, LOUISIANA
On Supervisory Writ to the 19th Judicial District Court, Parish of East Baton
Rouge
PER CURIAM:
Writ granted in part, otherwise denied. The district court’s decision to deny
the motion to substitute expert counsel (filed after an unexpected change in the
status of the prior expert’s state licensure) involved an abuse of discretion in that it
unfairly penalized Mr. Tate for unforeseen events beyond his control and would
have directly hindered his ability to litigate any claim for relief pursuant to Atkins
v. Virginia, 536 U.S. 304, 122 S. Ct. 2242, 153 L. Ed. 2d 335 (2002). The ruling
denying the motion to substitute the expert is hereby reversed. The defense is
hereby ordered to submit to the district court any outstanding expert report(s)
within 45 days of this decision.
The district court also erred to the extent that it made any finding of
contempt and imposed any penalties for contempt outside the limits of the criminal
code. See La.C.Cr.P. arts. 24 and 25. The monetary penalty imposed is hereby
vacated and the matter is remanded for further proceedings consistent with this
decision. In all other respects, the writ is denied.
04/23/24