No. 19-6460

Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections

Lower Court: Fifth Circuit
Docketed: 2019-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records
Latest Conference: 2020-01-10
Question Presented (from Petition)

I.
When a defendant claims mental impairments had prevented him from timely filing his habeas petition, under Schrire v. Landrigan, should the district court have reviewed the court records prior to denying equitable state tolling?

II.
Whether a defendant should be permitted limited discovery and evidentiary hearing to develop evidence of incompetence prior to courts dismissal, where no mental examination or competence hearing had been held, State was not required to produce institutional mental health records, and State was not asked or required to respond to defendant's declaration of incompetency?

III.
Under the Due Process Clause, can the Court require a pro se defendant to prove mental impairments when the court itself will not permit development of such evidence?

Question Presented (AI Summary)

Whether a defendant claiming mental incompetency should have the state court records reviewed prior to denying equitable tolling

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent Pelicia Hall to respond filed.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)

Attorneys

Daniel Paul Copple
Daniel Paul Copple — Petitioner
Pelicia Hall
Jerrolyn Martin OwensMississippi Attorney General's, Respondent