Does Mississippi's 'presumption of competency' violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to allow trial courts to conduct dispositive pretrial proceedings determining matters later relied upon to sentence that defendant to death when the only expert testimony established that the defendant was Dusky incompetent with respect to participating in any of those pretrial proceedings, and was undergoing as yet incomplete court ordered restorative treatment during some of them?

QUESTION PRESENTED Does Mississippi’s “presumption of competency” violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to allow trial courts to conduct dispositive pretrial proceedings determining matters later relied upon to sentence that defendant to death when the only expert testimony established that the defendant was Dusky incompetent with respect to participating in any of those pretrial proceedings, and was undergoing as yet incomplete court ordered restorative treatment during some of them? i