David Paul Anderson v. State of Mississippi

FAIR, J.,

for the Court!

MODIFIED OPINION ON MOTION FOR REHEARING

¶ 1. The motion for rehearing is denied; The previous opinion is withdrawn, and this opinion is substituted in its place.

¶ 2. David Paul Anderson was convicted of the statutory rape and sexual battery of his eleven-year-old daughter. His convictions and sentences were affirmed on direct appeal. Anderson v. State, 62 So.3d 927 (Miss.2011), Anderson requested and received leave of the Mississippi Supreme Court to file a motion for post-conviction relief to advance his claims that he lacked the mental capacity to commit the crimes…