State Of Louisiana v. Tabari Butler

Supreme Court of Louisiana
May 29, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TABARI BUTLER
No. 2023-KP-01509
_ _
_ _ _ _
IN
RE: Tabari Butler - Applicant Defendant; 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;
_ _ _ _ _ _
May 29, 2024
Writ application denied. See per curiam.
Hughes, J., would grant.
PDG
JLW
SJC
JTG
WJC
JBM
05/29/2024 "See News Release 025 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KP-1509
STATE OF LOUISIANA
v.
TABARI BUTLER
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. 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.
05/29/24