77-19-203.5. Successive petitions on competency of an inmate sentenced to death.
(1) If a petition described in Sectionis filed after an inmate has previously been found competent to be executed under this part, the court may not grant a hearing on the competency to be executed unless the successive petition: 77-19-203 alleges with specificity a substantial change of circumstances after the previous finding of competency by the court; is sufficient to raise a significant question about the inmate's competency to be executed; and is accompanied by at least one affidavit from a licensed physician or licensed psychologist who has: examined the inmate after the previous finding of competency by the court; and determined, in the physician's or psychologist's opinion, that the inmate is not competent to be executed due to a substantial change in circumstances.
(2) An affidavit described in Subsection: (1)(c) shall contain new and specific facts that support the opinion of the licensed physician or licensed psychologist; and does not meet the requirements of Subsectionif any of the new facts described in Subsectionwere known to the defense before the previous finding of the court that the inmate was competent to be executed. (1)(c) (2)(a)
(3) In determining whether a successive petition involves a substantial change of circumstances under Subsectionand raises a significant question under Subsection, the court may consider evidence given by the state in opposition to the petition. (1)(a) (1)(b)