Lopez v. Stephens, No. 14-70025 (5th Cir. 2015)
Annotate this CaseA question of petitioner-appellant Daniel Lopez's competency to waive federal habeas review of his case was the issue before the Fifth Circuit. Lopez received a capital sentence for running over a police lieutenant following a police chase. At Lopez’s competency hearing, the district court along with counsel comprehensively explored with Lopez his legal position, as well as his interaction with counsel about appellate and habeas options. Counsel argued there still remained a question of whether Lopez acted intentionally in the death of the officer. Lopez matter-of-factly denied there was evidence that would avail him, and also affirmed his religious readiness "to move on with my life, so I could go up there." With that, the Fifth Circuit affirmed the district court's order finding Lopez competent to waive federal habeas proceedings, and ordered that no further pleadings would be accepted from counsel absent leave of court supported by Lopez's election to proceed through such counsel.
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