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 (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?

Question Presented (OCR Extract)

No question identified. : lam respectfully asking the court to consider the following three questions: J. Can the court medicate a defendant against the opinion of the defendant's treating | physician under a “Se}] 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?

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