Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess
Was the trial court required to follow state statutory procedures for competency determination and does denial of a psychiatric evaluation constitute a due process violation; Was it a due process violation to not allow the defendant psychiatric assistance at a retrospective competency trial
TO THE UNITED STATES SUPREME COURT 1 .Was the trial court required to follow the state statutory procedures when dealing with competency, and if those statutory procedures required a psychiatric evaluation as part of a competency trial does the denial thereof equal a due process violation. 2. After being denied the assistance of a psychiatrist before trial, and afterwards the COA finding the defendant was too incompetent to participate in his own trial. Was it a due process violation to not allow the defendant the aid of a psychiatrist at a COA ordered retrospective competency trial. If the state statute required the aid of the psychiatrist. ii /,\A PETITION FOR WRIT OF CERTIORARI TO THE HONORABLE JUSTICES OF SAID COURT: JOSHUA W. MITCHELL (PETITIONER) petitions on the Court for a Writ of Certiorari against the parties listed below. Petitioner supports this petition as follows :