Chandler v. Clarke, No. 3:2022cv00123 - Document 40 (E.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 4/15/2024. (jenjones, )
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Chandler v. Clarke Doc. 40 Dockets.Justia.com an 'extraordinary circumstance' that justifies relief under Rule 60(b)(6) and entitles him to equitable tolling of the statute of limitations governing his habeas petition." Id. at 117. In that case, Justus: provided extensive evidence that he is severely mentally ill. Following his arrest, Justus was twice found incompetent to stand trial. And, although the Circuit Court rejected Justus's insanity defense, it recognized at sentencing that "there is substantial evidence in this case that the defendant suffers from some very serious mental health problems." J.A. 180. In particular, there is significant evidence including his treating psychologist's trial testimony and his post-conviction medical records-establishing that when unmedicated, Justus's functioning deteriorates and he experiences depression and psychotic symptoms, such as paranoia and perceptual disturbances. Id. at 115. Chandler has not provided any evidence that he was or is severely mentally ill. Accordingly, his Rule 60(b)(6) Motion (ECF No. 33) will be DENIED. A certificate of appealability will be DENIED. An appropriate Final Order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Petitioner and counsel of record. /s/ David J. Novak United States District J Richmond, Virginia Dated: April 15. 2024 3
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