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HARPER v. PARKER

No. 99-5686.

177 F.3d 567 (1999)

Eddie Lee HARPER, Jr., Petitioner-Appellant, v. Phil PARKER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1999.

Attorney(s) appearing for the Case

Randall L. Wheeler, Susan M.J. Martin (briefed), Kentucky Capital Litigation Resource Center, Frankfort, Kentucky, for Appellant.

David A. Smith, Dana M. Todd (briefed), Office of the Attorney General, Frankfort, Kentucky, for Appellee.

Before: SILER, BATCHELDER, and MOORE, Circuit Judges.

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...

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