Williams v. Butler, 86-3782
| Decision Date | 12 June 1987 |
| Docket Number | No. 86-3782,86-3782 |
| Citation | 819 F.2d 107 |
| Parties | Frank C. WILLIAMS, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent- Appellee. Summary Calendar. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Frank C. Williams, pro se.
William A. Marshall, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before GEE, JOLLY, and HIGGINBOTHAM, Circuit Judges.
Williams, a state prisoner, appeals the dismissal of his petition for Sec. 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 Sec. 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).
To continue reading
Request your trial
-
Williams v. Whitley
...abuse of writ grounds where the issue is in "the record and was adequately raised before [the district court]"); Williams v. Butler, 819 F.2d 107, 108 & n. 1 (5th Cir.1987) (affirming on basis of successiveness because "we can properly affirm [district court's] correct decision on any groun......
-
Molina v. Rison
...ground is not sufficient to create a new ground for relief. See Sanders, 373 U.S. at 16, 83 S.Ct. at 1077; Williams v. Butler, 819 F.2d 107, 108 (5th Cir.1987) (per curiam) (Rule 9(b) may not be "evaded" simply by "advanc[ing] the same claim, supported by new arguments thought up since the ......
-
U.S. v. Shunk
...court's decision on any ground urged below, regardless of whether it was relied on by the district court."); Williams v. Butler, 819 F.2d 107, 108 n. 1 (5th Cir.1987). Because the Government does not present that issue here, we will not address it. E.g., In re Asbestos Litigation, 90 F.3d 9......
-
Matthews v. Butler, 87-3277
...its judgment on any proper ground which is established by the record and was adequately raised before it. See Williams v. Butler, 819 F.2d 107, 108 n. 1 (5th Cir.1987). Neither the district court nor the magistrate suggested that the petition should not be dismissed under Rule 9(b). 8 Provi......