Richard Chantez Butler v. Gloria Geither

Summary

The United States District Court for the District of Kansas addresses a federal habeas petition under 28 U.S.C. § 2254 filed by Richard Chantez Butler. The court concludes that Grounds One through Six were exhausted, but Ground Seven—an ineffective-assistance claim—was not fairly presented to the Kansas appellate courts and appears subject to anticipatory procedural default. The court grants Butler until June 18, 2026, to show cause why Ground Seven should not be dismissed and denies his motion to amend the case law supporting Grounds Four and Seven.

Holdings

1. Ground Four and Ground Seven were different claims because they relied on different alleged instances and reasons for trial counsel's ineffectiveness; exhaustion of Ground Four did not exhaust Ground Seven.
2. Ground Seven was not properly exhausted because Butler did not fairly present the ineffective-assistance claim to either the Kansas Court of Appeals or the Kansas Supreme Court.
3. Ground Seven appeared to be barred by anticipatory procedural default because Butler identified no remaining state-court avenue for exhaustion and a future K.S.A. 60-1507 motion would likely be treated as successive.
4. The absence of appointed counsel in Butler's state post-conviction proceedings did not constitute cause to overcome the anticipated procedural default.
5. The motion to amend case law was denied because it did not explain the relevance of Olden v. Kentucky or identify the document Butler sought to amend.

Questions Presented

1. Whether Ground Four and Ground Seven of the amended habeas petition asserted the same ineffective-assistance-of-trial-counsel claim for exhaustion purposes.
2. Whether Ground Seven was fairly presented to the Kansas appellate courts and therefore exhausted.
3. Whether Ground Seven was subject to anticipatory procedural default because Butler could no longer return to state court to exhaust it.
4. Whether Butler's lack of appointed counsel in state post-conviction proceedings established cause to excuse the anticipated procedural default.
5. Whether Butler's motion to amend case law to add Olden v. Kentucky should be granted.

Disposition

other