Eddie Lee Harper, Jr. v. Phil Parker, Warden

OPINION

BATCHELDER, Circuit Judge.

Edward Lee Harper, Jr., was convicted and sentenced to the death penalty for the 1982 murder of his adoptive parents. Harper had been evaluated by a psychiatrist before trial; based on the psychiatrist’s testimony, the trial court found Harper competent to stand trial.

In June 1985, a different psychiatrist, Dr. Richard Edelson, evaluated Harper to determine his competence in response to Harper’s stated desire to waive his remaining post-conviction proceedings. Dr. Edelson concluded that Harper was schizophrenic and that he was incompetent to assist in his…