No. 21-5855

Jeremiah Kyle Blaber v. Oregon

Lower Court: Oregon
Docketed: 2021-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-due-process criminal-procedure defendant-rights due-process individual-standard medical-appropriateness medical-coercion mental-health mental-health-standard physician-opinion trial-fitness
Latest Conference: 2021-11-12
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent Oregon to respond filed.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2021)

Attorneys

Jeremiah Kyle Blaber
Jeremiah Kyle Blaber — Petitioner
Oregon
Benjamin Noah GutmanOregon Department of Justice, Respondent