Frank C. Williams v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent

Fifth Circuit

Frank C. Williams v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent

819 F.2d 107

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 15, 1987

Docket86-3782

StatusPublished

Cited by6 cases

This text of 819 F.2d 107 (Frank C. Williams v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frank C. Williams v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent, 819 F.2d 107 (5th Cir. 1987).

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Opinion

PER CURIAM:

Williams, a state prisoner, appeals the dismissal of his petition for § 2254 relief, asserting ineffective assistance of counsel in his original criminal proceeding. He raised this issue unsuccessfully in a prior petition, however; and his present petition is barred under Rule 9(b), Rules Governing § 2254 Cases. Today, he simply seeks to advance the same claim, supported by new arguments thought up since the last time that he advanced it. Rule 9(b) is not so easily evaded. Johnson v. McCotter, 803 F.2d 830 (5th Cir.1986). 1

AFFIRMED.

1

. The trial court acted on another ground in dismissing Williams’ petition, however we can properly affirm its correct decision on any ground urged to it. Cross v. Lucius, 713 F.2d 153 (5th Cir.1983).

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PER CURIAM:

Williams, a state prisoner, appeals the dismissal of his petition for § 2254 relief, asserting ineffective assistance of counsel in his original criminal proceeding. He raised this issue unsuccessfully in a prior petition, however; and his present petition is barred under Rule 9(b), Rules Governing § 2254 Cases. Today, he simply seeks to advance the same claim, supported by new arguments thought up since the last time that he advanced it. Rule 9(b) is not so easily evaded. Johnson v. McCotter, 803 F.2d 830 (5th Cir.1986). 1

AFFIRMED.

1

. The trial court acted on another ground in dismissing Williams’ petition, however we can properly affirm its correct decision on any ground urged to it. Cross v. Lucius, 713 F.2d 153 (5th Cir.1983).

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819 F.2d 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-c-williams-v-robert-h-butler-sr-warden-louisiana-state-ca5-1987.

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