Question not identified.

No question identified. : QUESTI ONS PRESENTED FOR REVI EW 1. Did the District Court err by violating Mr. Boykin’s fundamental right to a fair trial under the Fifth and Sixth Amendments to the United States Constitution by failing to have Mr. Boykin evaluated by a qualified mental health professional for the purposes of competency determination ? 2. Did the District Court err by finding that Mr. Boykin was competent to stand trial in the absence of a rep ort by a cred entialed mental health professional? Mr. Boykin’s trial counsel raised the issue of competency in a pre-trial motion and noted that he had been diagnosed with PTSD after his military combat service in Afghanistan. The District Court denied the request for a mental health evaluation but held the competency hearing anyway. Despite the evidence that Mr. Boykin had a previous mental health diagnosis, the trial court denied the defense request for a psychiatric evaluation. The District Court found Mr. Boykin competent and the trial proceeded. The failure to properly evaluate Mr. Boykin’s competency and the finding that he was competent in the absence of a report violated his fundamental rights to due process and right to counsel. ii