Edward Hood, Jr. v. State of Tennessee
W2016-01998-CCA-R3-PC
Tenn. Crim. App.Jun 7, 2017Background
- Edward Hood Jr. was convicted in 2008 of two counts of rape of a child and two counts of incest for sexual acts against his daughter; effective sentence 48 years. The convictions were affirmed on appeal and the Tennessee Supreme Court denied review in April 2011.
- The one-year post-conviction statute of limitations began to run from the final appellate action and expired April 14, 2012. Hood filed a pro se post-conviction petition on July 15, 2014.
- Hood sought tolling of the statute of limitations based on alleged incompetence during the filing period and the trial court appointed counsel and ordered a competency evaluation.
- Dr. Richard K. Drewery, who previously evaluated Hood pretrial, evaluated Hood again (July 2015) and testified at an evidentiary hearing (July 2016). He found Hood competent despite depressive disorder, learning deficits, a verbal IQ of 67, and third-grade reading level; these impairments did not prevent understanding of legal position or rational decisionmaking.
- Hood testified he knew of the post-conviction process, had consulted legal aides at two facilities, and had attempted to initiate post-conviction proceedings earlier. The post-conviction court dismissed the petition as untimely; the Court of Criminal Appeals affirmed.
Issues
| Issue | Hood's Argument | State's Argument | Held |
|---|---|---|---|
| Whether due-process tolling of the one-year post-conviction statute of limitations is warranted because Hood was mentally incompetent during the filing period | Hood contends depressive disorder, low IQ, and learning disabilities rendered him incompetent and justify tolling | The State argues the petition is time-barred, Hood failed to present factual evidence of incompetence, and evaluations show competence | Court held no tolling: Hood failed to meet the Rumbaugh/Reid incompetency standard; evaluations and testimony show competence and knowledge of post-conviction options |
Key Cases Cited
- Seals v. State, 23 S.W.3d 272 (Tenn. 2000) (recognizes due-process tolling for incompetence in post-conviction context)
- Reid ex rel. Martiniano v. State, 396 S.W.3d 478 (Tenn. 2013) (adopts Rumbaugh test and procedure for competency determinations when tolling is claimed)
- State v. Nix, 40 S.W.3d 459 (Tenn. 2001) (mental illness is distinct from legal incompetence)
- Rumbaugh v. Procunier, 753 F.2d 395 (5th Cir. 1985) (three-step test for assessing competency to litigate: disease/defect; understanding of position/options; ability to make a rational choice)