State of Louisiana Versus Leroy Tate

STATE OF LOUISIANA NO. 25-KH-404

VERSUS FIFTH CIRCUIT

LEROY TATE COURT OF APPEAL

STATE OF LOUISIANA

September 24, 2025

Linda Tran
First Deputy Clerk

IN RE LEROY TATE

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER,
DIVISION "I", NUMBER 19-5265

Panel composed of Judges Susan M. Chehardy,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, Leroy Tate, seeks review of the district court’s denial of his

application for post-conviction relief. For the reasons stated more fully below, we

deny relator’s writ application.

On January 26, 2022, a jury found relator guilty of one count of attempted

second degree kidnapping and two counts of simple robbery. On February 14,

2022, the trial court sentenced relator to fifteen years imprisonment at hard labor

on the attempted second degree kidnapping count and seven years imprisonment at

hard labor on each count of simple robbery, with all sentences to run concurrently.

On April 26, 2023, this Court affirmed relator’s convictions and his sentences on

the two counts of simple robbery but remanded the matter for resentencing on the

attempted second degree kidnapping count. State v. Tate, 22-367 (La. App. 5 Cir.

4/26/23), 361 So.3d 1169. Relator did not file a writ application with the

Louisiana Supreme Court.

On May 28, 2025, relator filed his second APCR with the district court.

Relator alleged that the APCR was timely under La. C.Cr.P. art. 930.8, because he
25-KH-404

recently discovered new facts after he received his court-appointed lawyer’s file.

Relator raised claims of ineffective assistance of counsel alleging that his lawyer

failed to file a motion to quash and had a conflict of interest. He also asserted that

the trial court prevented him from representing himself at trial1 and that he was

denied equal protection of the law because the State did not pursue charges against

the victim. On June 25, 2025, the district court denied relator’s APCR finding that

despite relator’s “attempts to escape the mandatory time bar by asserting due

diligence in his collection of information,” none of his claims have merit. The trial

court further found that relator’s claims are procedurally barred as successive

pursuant to La. C.Cr.P. art. 930.4.

After reviewing relator’s writ application, we find that his claims are

untimely and agree with the trial court that they are successive. The information

that relator points to from his lawyer’s file, questioning whether a basis existed to

file a motion to quash on prescription or double jeopardy grounds, does not

constitute “facts that were not known to the petitioner or his prior attorneys.”

Further, relator provides no evidence or legal arguments to support a finding that a

motion to quash would have been granted. The district court conducted a thorough

review of the merits of all of relator’s claims and correctly found that he failed to

prove he is entitled to any relief.

Accordingly, we find that the district court did not err in denying relator’s

APCR. This writ application is denied.

Gretna, Louisiana, this 24th day of September, 2025.

SUS
SMC
TSM

1
In his writ application, defendant now contends that he intended for this argument to be an ineffective assistance of
counsel claim. However, we are not a court of first impression and do not review new claims in the first instance.
Further, relator does not point to evidence that would support an ineffective assistance of counsel claim on the issue.
2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 09/24/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

25-KH-404
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Leroy Tate #311797 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426