STATE EX REL ANTOINE TATE v. TIM HOOPER WARDEN LOUISIANA STATE PENITENTIARY ANGOLA LOUISIANA (2024)

I write separately to express concern about the delay in the post-conviction litigation in this case. An East Baton Rouge Parish jury convicted defendant and sentenced him to death. State v. Tate, 2001-1658 (La. 5/20/03), 851 So.2d 921. Yet, incredibly, more than two decades later, post-conviction review is still pending. Lawyers are called on to “make reasonable efforts to expedite litigation.” La. Rules of Prof. Conduct R. 3.2. Nevertheless, even after extensions were granted, defense counsel twice violated the district court's order barring supplemental applications. While I join the majority in the per curiam opinion, this is not indicative of my approval of any further delay in this matter. Accordingly, I urge the district court to advance this case as expeditiously as possible so that justice—in whatever form that takes—shall be done.

Crichton, J., additionally concurs and assigns reasons