Roy Stiltner v. DeEdra Hart

657 F. App'x 513
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 28, 2016
Docket15-6363
StatusUnpublished
Cited by30 cases

This text of 657 F. App'x 513 (Roy Stiltner v. DeEdra Hart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roy Stiltner v. DeEdra Hart, 657 F. App'x 513 (6th Cir. 2016).

Opinions

OPINION

KAREN NELSON MOORE, Circuit Judge.

■Roy Stiltner, a seventy-year-old man currently serving a life sentence in a Kentucky state prison, appeals the district court’s dismissal of his petition for a writ of habeas corpus. The petition, which Stilt-ner filed in 2013, was sixteen years late. Stiltner argued that he was entitled to [515]*515equitable tolling due to mental incompetence, but the district court disagreed, concluding that although Stiltner is mentally incompetent, he did not diligently pursue his claims.' Because Stiltner did diligently pursue his claims to the extent that he understood them, he is entitled to equitable tolling. We therefore REVERSE the district court’s dismissal of the petition and REMAND for further proceedings consistent with this opinion.

I. BACKGROUND

A. Petition for Writ of Habeas Corpus

On May 12, 1986, Roy Stiltner pleaded guilty to murder, and a state court sentenced him to life in prison. R. 10-3 (App. Vol. I at 14, 16-18, 19-22) (Page ID #140, 142-145, 145-48). Stiltner did not appeal. Ten years later, Congress enacted the An-titerrorism and Effective Death Penalty Act, or AEDPA. Pub. L. No. 104-132, 110 Stat. 1214 (1996). AEDPA amended 28 U.S.C. § 2244 to include a one-year period of limitations for habeas petitions brought by prisoners challenging state-court judgments, See 28 U.S.C. § 2244(d)(1)(A). Prisoners whose convictions were finalized before Congress enacted AEDPA had one year after AEDPA’s effective date of April 24, 1996 to file habeas petitions. Cook v. Stegall, 295 F.3d 517, 519 (6th Cir. 2002). Stiltner, therefore, had until April 24,1997 to file a habeas petition.

On April 22, 2013, almost sixteen years after the filing deadline had passed, Stilt-ner filed a habeas petition in the United States District Court for the Western District of Kentucky.1 R. 1 (Habeas Pet.) (Page ID #1). Stiltner’s petition stated two grounds for relief: ineffective assistance of counsel for advising Stiltner to plead guilty even though he was “mentally retarded” and ineffective assistance of counsel for failing to inform Stiltner of his right to appeal. Id. at 6, 8 (Page ID #5, 7). Stiltner acknowledged that his petition was untimely, but argued that he was entitled to equitable tolling due to “mental retardation.” Id. at 15 (Page ID #14); see also R. 1-1 (Mem. in Support of Habeas Pet. at 1-9) (Page ID #17-25).

The district court expressed skepticism as to whether mental retardation entitled a petitioner to equitable tolling, but allowed the parties to brief the issue. R. 7 (First Order to Show Cause at 2-3) (Page ID #87-88); R. 8 (Petr. Resp. to First Order to Show Cause) (Page ID #89); R. 10 (Respt. Resp. to First Order to Show Cause) (Page ID #108); R. 12 (Petr. Reply to First Order to Show Cause) (Page ID #315). Instead of ruling on equitable tolling, however, the district court turned its attention to a different basis for dismissal: failure to exhaust state remedies. R. 13 (Second Order to Show Cause at 1-2) (Page ID #327-28). The district court concluded that Stiltner had not met AEDPA’s exhaustion requirements and dismissed Stiltner’s petition without prejudice. R. 16 (Order Dismissing Habeas Pet.) (Page ID #336). Stiltner filed an amended petition on April 15, 2014, R. 17 (Am. Habeas Pet.) (Page ID #337), and the district court concluded that Stiltner had fulfilled AED-PA’s exhaustion requirements and ordered an evidentiary hearing on equitable tolling, R. 22 (Order re: Evidentiary Hr’g at 2-3, 7) (Page ID #424-25, 429). The district court also appointed counsel for Stiltner. R. 25 (Order Appointing Counsel) (Page ID #437).

[516]*516B. Evidentiary Hearing

The evidentiary hearing focused on the extent of Stiltner’s “mental retardation.” See R. 17 (Am. Habeas Pet. at 15) (Page ID #350). The district court heard testimony from Dr. Eric Drogin, David Blair and Scot Gaither—two of Stiltner’s fellow prisoners, and Stiltner himself. R. 84 (Tr. of Evidentiary Hr’g at 2) (Page ID #800).

Drogin testified that he first examined Stiltner in 2006 on behalf of Kentucky’s Department of Public Advocacy. Id. at 11, 15 (Page ID #809, 813). As part of this assessment, Drogin administered an IQ test called the Wechsler Adult Intelligence Scale (“WAIS”), “the most commonly used full test of intelligence.” Id. at 13 (Page ID #811). The version of WAIS that Drogin administered included a full-scale IQ score as well as a verbal IQ score (which measures an individual’s ability to process language) and a performance IQ score (which measures an individual’s ability to complete tasks). Id. at 15 (Page ID 813). Dro-gin testified that most adults receive a full-scale IQ score between 85 and 115, but that Stiltner received a 62, which is “within a range that is typically associated with what [clinical psychologists previously] called ‘mental retardation’ and currently refer to as ‘intellectual disability.’ ” Id. at 14-15 (Page ID #812-13). Stiltner also received a verbal IQ score of 64 and a performance IQ score of 65. Id. at 15-17 (Page ID #813-15). When asked how Stilt-ner’s full-scale IQ score could be lower than his verbal IQ score or his performance IQ score, Drogin answered that the full-scale IQ score is not a combination of the other two scores, but rather is a more comprehensive score that is compared to a “standardization sample.” Id. at 17 (Page ID #815). Drogin explained that the reason that Stiltner’s full-scale IQ score was lower than the other two scores was “because of how unusual it is that somebody would perform so poorly in both of those areas at the same time.” Id.

Drogin also tested Stiltner’s logical reasoning skills by asking him to explain relationships between objects—such as how a boat and a car are similar. Id. at 22 (Page ID #820). Stiltner could not answer any of Drogin’s questions correctly. Id. On a separate vocabulary test, Stiltner scored in the third percentile, which Drogin explained meant that, out of 100 people in Stiltner’s age group, Stiltner would be expected to do better than only three of the 100 “in terms of understanding words that are spoken to him.” Id. at 25 (Page ID #823).

Drogin also administered a “cognitive capacity screening examination.” Id. at 26 (Page ID #824). Drogin determined that Stiltner was aware of the date and that he was in prison, but that Stiltner “had some difficulty nailing down the location [of the prison].” Id. at 27 (Page ID #825). Stilt-ner’s responses also evinced a very limited short-term memory. Id. at 28 (Page ID #826). Drogin concluded that Stiltner had “diminished cognitive capacity,” in that he had “difficulty' doing things that by in large we would expect normal people to be able to do.” Id. When asked what those things might be, Drogin said, “[things] [s]uch as tell you what town they have been in for the last several years, such as being able to remember some simple things that you ask them to remember, such as being able to do very basic repetition of numbers that you give them.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
657 F. App'x 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-stiltner-v-deedra-hart-ca6-2016.