Jeremiah Kyle Blaber v. Oregon
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?
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?