No. 19-6393

Jean-Paul Gamarra v. United States

Lower Court: District of Columbia
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether the Constitution permits the government to satisfy the Sell requirements based on testimony from a prison psychiatrist who did not examine, or make reasonable efforts to examine, the defendant?

Question Presented (OCR Extract)

QUESTION PRESENTED In Sell v. United States, 539 U.S. 166, 179 (2003), this Court held that “the Constitution permits the Government involuntarily to administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges in order to render that defendant competent to stand trial, but only if the treatment is medically appropriate, is substantially unlikely to have side effects that may undermine the fairness of the trial, and, taking account of less intrusive alternatives, is necessary significantly to further important governmental trial-related interests.” This case presents the question whether the Constitution permits the government to satisfy the Sell requirements based on testimony from a prison psychiatrist who did not examine, or make reasonable efforts to examine, the defendant? Li

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-01
Waiver of right of respondent United States of America to respond filed.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

Jean-Paul Gamarra
Lisa Burget WrightFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent