DueProcess CriminalProcedure
Whether defendant-appellant was denied his constitutional right to be present at all critical stages of trial
QUESTION(S) PRESENTED 1.) WHETHER DEFENDANT-APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF TRIAL WHERE HE WAS INTENTIONALLY NOT SUMMONED BY THE TRIAL JUDGE TO APPEAR IN COURT IN PERSON? 2.) WHETHER THE STATE COURT ERRED IN CONCLUDING THAT DEFENDANT-APPELLANT WAS COMPETENT TO STAND TRIAL WHERE THE DOCTOR CONDUCTING THE TESTING ADMITTEDLY FAILED TO CONDUCT COMPLETE TESTING OF 3.) WHETHER THE STATE COURT'S ADJUDICATION OF CLAIMS VIOLATED PRECEDENCE SET BY THE UNITED STATES SUPREME COURT WHERE @) AN ACCUSED HAS THE RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF THE TRIAL WHERE HIS ABSENCE MIGHT FRUSTRATE THE FAIRNESS OF THE PROCEEDINGS, b) WHERE THE TRIAL STATED THAT TESTING WAS NECESSARY UPON THE SHOWING IN THIS CASE THAT DEFENDANT MAY BE INCOMPETENT, THUS ESTABLISHING THAT THE COURT HAD A BONA FIDE DOUBT AS TO COMPETENCY TO STAND TRIAL, AND c) WHERE THE STATE COURT FAILED TO OBSERVE a PROCEDURES ADEQUATE TO PROTECT RIGHT NOT TO BE TRIED OR CONVICTED WHILE INCOMPETENT TO STAND TRIAL?