No. 20-1164

Donald E. Boyd v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2021-02-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process fair-trial fair-trial-rights involuntary-medication psychotropic-drugs right-to-counsel self-representation sixth-amendment xanax-dosage
Latest Conference: 2021-04-01
Question Presented (from Petition)

1. Whether the State of New Jersey's administration of unreasonably high
doses of the controlled psychotropic drug Xanax (i.e., dosages four times the
manufacturer's recommended starting dose) to Petitioner Donald E. Boyd while
representing himself during his criminal trial violated his constitutional rights to
counsel, a fair trial and due process?

2. Whether the State of New Jersey violated Petitioner Donald E. Boyd's
Sixth Amendment right to counsel by failing to consider the intervening change in
circumstances in drugging him with unreasonably high doses of a controlled
psychotropic drug, rendering his prior Faretta waiver no longer knowing, voluntary
and intelligent at the time it was made one month earlier?

3. Whether it is unconstitutional for a state to prescribe and administer
powerful doses of a controlled psychotropic drug to a criminal defendant acting as his
own attorney during his criminal trial without an in-person or face-to-face evaluation
by a prescribing physician or other medical professional?

Question Presented (AI Summary)

Whether the State of New Jersey's administration of unreasonably high doses of the controlled psychotropic drug Xanax violated the defendant's constitutional rights

Docket Entries

2021-04-05
Petition DENIED.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-10
Waiver of right of respondents Administrator, New Jersey State Prison, et al. to respond filed.
2021-02-18
Petition for a writ of certiorari filed. (Response due March 26, 2021)

Attorneys

Administrator, New Jersey State Prison
Catherine A. FoddaiBergen County Prosecutor's Office, Respondent
Donald Boyd
Tracey Lee SalmonFaegre Drinker Biddle & Reath LLP, Petitioner