Jeremiah Kyle Blaber v. Oregon
1. Can the court medicate a defendant against the opinion of the defendant's treating physician under a "Sell order" (Sell vs. United States) for the sole purpose of restoring a defendant's fitness to stand trial?
2. Has the court proven the Medical Appropriateness Standard in light of the treating physician's opinion on record that:
a.) The defendant does not have a qualifying mental health disorder, and
b.) Medication is unlikely to have any effect on defendant's fitness to stand trial
3. Did the court err in its reliance on a study that the prosecution's witness called "anecdotal" to meet the Individual Standard of clear and convincing evidence, and was the decision sufficient to overcome the defendant's interest in refusing it?
Can the court medicate a defendant against the opinion of the defendant's treating physician under a 'Sell order' for the sole purpose of restoring a defendant's fitness to stand trial?