Opinion
2015-DR-00954-SCT
08-10-2017
David Dickerson v. State of Mississippi
EN BANC
Copiah Circuit Court;
LC Case #: 2011-0049CR;
Ruling Date: 07/25/2012;
Ruling Judge: Lamar Pickard;
Disposition: The Motion to Hold Post-Conviction Proceedings in Abeyance due to Petitioner's Incompetency filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby granted insofar as Dickerson's post-conviction collateral relief proceedings before the Court are stayed and the matter is remanded to the Circuit Court of Copiah County for a determination of Dickerson's competence to proceed before the Court in post-conviction collateral relief proceedings. The competency hearing in the circuit court shall be held within ninety (90) days of the entry of the Order. The circuit court shall make written findings and provide them to the Court, along with preparing and submitting a record of the proceedings. Upon receipt of the circuit court's competency determination, the stay on Dickerson's post-conviction collateral relief proceedings before the Court shall be lifted. The Motion to Stay Post-Conviction Proceedings and for Permission to Supplement and Amend Petitioner's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby dismissed without prejudice. If desired, the motion to supplement may be re-filed, including the requested supplementation to the Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief, within forty-five (45) days of the circuit court's competency determination. All Justices Agree. Order entered.