Petitioner, Larry Dortley, was declared incompetent to proceed to trial by the Third Judicial Circuit Court, Columbia County, Florida, and was involuntarily placed in the State Mental Hospital. Petitioner was thereafter removed from the State Mental Hospital, forced to trial, Convicted of first degree murder and armed robbery, and Sentenced to life imprisoment, while remaining under the order of incompetency.
1) Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Conistitution, and the United States Supreme Court decision in Drope v. Missouri, 420 U.5, 162 (1975) prohibit a state court from convicting and Sentencing a person who has been declared incompetent?
2) Whether an invalid procedural bar Can be imposed on an incompetent person to uphold an unconstitutional Conviction?
Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United States Supreme Court decision in Drope v. Missouri, 420 U.S. 162 (1975) prohibit a state court from convicting and sentencing a person who has been declared incompetent