No.

13A654

In the Supreme Court of the United States

In re Earl R. Key, Applicant

Proceedings below: April Dawn Jones, Petitioner-Appellant, Earl R. Key, as her Next Friend, Petitioner-Appellant v. Lumar Griggs, Respondent-Appellee United States Court of Appeals for the Seventh Circuit, No. 12-2094

Motion for Leave to File Verified Supplement to Application for Stay

Earl R. Key Petitioner, pro se 2712 E. Empire Dr. Altamont, IL 62411 317-727-2770

Applicants Motion for Leave to File Verified Supplement to Application for Stay Since filing his Application for Stay, Applicant has discovered that this Supreme Court has already determined that a litigants competency is inapplicable to their right or requirement to proceed in a federal habeas corpus appeal. In early January 2014, Applicant discovered additional evidence that Ms. Jones custodian had been manipulating the capacity of Ms. Jones via psychotropic drugs, strongly suggesting that drugging of Ms. Jones has been done to influence the outcome of the limited remand. In light of these discoveries, Applicant respectfully seeks leave to file a short 3page verified supplement to his Application for Stay.

Respectfully submitted,

______________________ Earl R. Key Petitioner, pro se 2712 E. Empire Dr. Altamont, IL 62411 317-727-2770

Dated: ___________

Verified Supplement to Application for Stay 1. Limited Remand as To Competency Is In Opposition to Controlling Law This Supreme Court held in Ryan v. Gonzales, 133 S. Ct. 696 (2013) that prisoners may not have their federal habeas corpus appeals suspended even if judged incompetent. Upon a motion by appointed counsel representing Ms. Jones, brought in agreement with the custodian in the underlying case, the Court of Appeals has ordered a competency hearing before allowing Ms. Jones to continue with her appeal. See Application for Stay at 9-10. Ms. Jones did not agree to or seek the motion filed in her behalf. See Id at 9. The limited remand forces upon Ms. Jones the post hoc determination that Ryan deems as inapplicable to federal habeas proceedings, effectively suspending Ms. Jones habeas corpus appeal, although this should not be allowed pursuant to Ryan. Ms. Jones is appealing the District Courts denial of her petition for a federal writ of habeas corpus seeking her right to liberty. This Supreme Court has found that competence is simply inapplicable to federal habeas proceedings. Ryan at 707. Guardianship issues cited as reason to seek the competency hearing were introduced sua sponte by the Court of Appeals, although those issues are outside the federal question jurisdiction and constitutional issues pled. 2. Toxic Manipulation of Ms. Jones Has Compromised a Hearing Ms. Jones is disabled due to the rare fatal disease known as Huntingtons disease. Huntingtons sufferers incur brain damage from the use of psychotropic

drugs. The custodians repeated manipulation of Ms. Jones capacity with Haloperidol is a central issue in her Habeas Petition and appeal. See Application for Stay at 14-17. Subsequent to filing his Application for Stay in this Supreme Court, Mr. Key discovered further evidence that toxic manipulation of Ms. Jones capacity had occurred during the pendency of the appeal and the Application for Stay. Mr. Key has discovered that in mid-September 2013, Ms. Griggs arranged for Ms. Jones to be taken off of the psychotropic drug Haldol and to be prescribed a drug known as Marinol. This occurred shortly after the custodian (Lumar Griggs) and counsel appointed for Ms. Jones requested the motion for limited remand to test Ms. Jones capacity, but before the motion had been granted. While she was taking Marinol, Ms. Jones exhibited a modest rebound to her capacity and memory. After the Court of Appeals granted the limited remand to try Ms. Jones capacity on October 18th, 2013, Ms. Griggs allowed the funding for Ms. Jones Marinol prescription to lapse and the medicine was abruptly discontinued in early January 2014. Ms. Jones suffered significant withdrawal symptoms for more than a week, including a dramatic increase in her chorea. Although the medication was later restarted subsequent to Mr. Keys protests, the timing of the application and removal of psychotropic drugs to Ms. Jones has been a recurrent theme from the initial seizure of Ms. Jones. See Application for Stay at 14-17. The custodian has previously admitted to using psychotropic drugs to control Ms. Jones. See Id at 14-15. Strong evidence suggests that the custodian has been

manipulating Ms. Jones mental capacity with psychotropic drugs in order to ensure that Ms. Jones remains in her custody. Toxic manipulation of Ms. Jones during 2 years of federal litigation should not be allowed to affect the outcome of Ms. Jones habeas corpus proceedings. A post hoc factual inquiry into competency after Ms. Jones abilities have been compromised by her captivity will work a unique injustice upon her and upon Mr. Keys rights to assist her in litigating her habeas petition. Ms. Jones capacity has been harmed by application of psychotropic drugs that have accentuated the symptoms of her disease, including hindering her ability to speak clearly and to aid more fully in litigating her Habeas Petition and appeal. A competency hearing sought at this late stage without her approval by her court-appointed lawyers in agreement with the custodian could hardly be more unwarranted. Mr. Key respectfully requests that his Application for Stay be granted so that the appeal of this cause will be heard without the ex post facto hearing ordered by the Court of Appeals, a hearing that threatens irreparable harm to Mr. Keys right to continue to assist disabled litigant April Dawn Jones. Respectfully submitted,

______________________ Earl R. Key Petitioner, pro se 2712 E. Empire Dr. Altamont, IL 62411 317-727-2770

Dated: ___________

Certificate of Service The undersigned hereby certifies that a true and correct copy of the foregoing was delivered by first class mail, postage-prepaid, this 13th day of February 2014 to the following: Clerk of the Court U.S. District Court 46 E. Ohio Street, Room 105 Indianapolis, IN 46204 Monica Foster Chief Federal Public Defender 111 Monument Circle, Suite 752 Indianapolis, IN 46204

Clerks Office U.S. Court of Appeals 219 S. Dearborn Chicago, IL 60604

Mark Inman Attorney at Law 141 E Washington St, #200 Indianapolis, IN 46204

Daniel J. Hillis Asst. Federal Public Defender 600 E. Adam St. 2nd Fl. Springfield, IL 62701

Michael A. Zuckerman Brian J. Murray Jones Day 77 West Wacker Chicago, IL 60601-1692

Stephen A. Oliver Boren, Oliver & Coffey, LLP 59 North Jefferson Street Martinsville, Indiana 46151 ________________ Earl R. Key

Verification I, Earl R. Key, am the Applicant herein, and having read the foregoing Verified Supplement to Application for Stay and Certificate of Service, do hereby verify under the penalties of perjury, that the foregoing Verified Supplement to Application for Stay and Certificate of Service is true and correct. Executed on: ____________ Earl R. Key: ________________________________ Signed and sworn to before me this _____ day of __________________, 2014, Notary Public: ________________________________