Billiot v. Thigpen, et al

Filing 244

AMENDED JUDGMENT : the Petition for Writ of Habeas Corpus filed by James Billiot is hereby granted as to his claim that he is presently incompetent to be executed; in all other respects the Petition is hereby dismissed with prejudice; Billiot's sentence of death is indefinitely stayed until such time as Respondents move this Court to lift this stay and establish that Billiot has been restored to competency and may be executed. Signed by District Judge Tom S. Lee on 4/13/2010 (avm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JAMES E. BILLIOT VS. CHRISTOPHER B. EPPS, Commissioner, Mississippi Department of Corrections and LAWRENCE KELLY, Superintendent, Mississippi State Penitentiary AMENDED JUDGMENT This matter came before the court on Motions to Alter or Amend the Judgment that were filed by both Petitioner and Respondents. In a Memorandum Opinion and Order entered on this date, this Court determined that the relief granted in the original Judgment should be amended to remove the requirement that Respondents comply with the terms of Miss. Code Ann. § 99-19-57, which would require that Billiot be transferred to the Mississippi State Hospital until he could be restored to competency. The Court also determined that the alternative remedy of release was inappropriate. Finally, the Court held that the constitutional prohibition against executing an incompetent prisoner will be best served in this case by entering a stay of execution until such time as Billiot's competency is restored. In all other respects, the original opinion of the Court is unchanged. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Petition for Writ of Habeas Corpus filed by James Billiot is hereby granted as to his claim that he is presently incompetent to be executed. In all other respects, the Petition is hereby dismissed with prejudice. IT IS FURTHER ORDERED AND ADJUDGED that Billiot's sentence of death is indefinitely stayed until such time as Respondents move this Court to lift this stay and establish that Billiot has been restored to competency and may be executed. PETITIONER CIVIL ACTION NO. 1:86CV549TSL

RESPONDENTS

SO ORDERED AND ADJUDGED this the 13th day of April, 2010. /s/Tom S. Lee UNITED STATES DISTRICT JUDGE

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