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Donald E. Boyd v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-1436 · judgment August 20, 2020


Certiorari denied · April 5, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the State of New Jersey’s administration of unreasonably high doses of the controlled psychotropic drug Xanax (i.e., dosages four times the manufacturer’s recommended starting dose) to Petitioner Donald E. Boyd while representing himself during his criminal trial violated his constitutional rights to counsel, a fair trial and due process?

  2. Whether the State of New Jersey violated Petitioner Donald E. Boyd’s Sixth Amendment right to counsel by failing to consider the intervening change in circumstances in drugging him with unreasonably high doses of a controlled psychotropic drug, rendering his prior Faretta waiver no longer knowing, voluntary and intelligent at the time it was made one month earlier?

  3. Whether it is unconstitutional for a state to prescribe and administer powerful doses of a controlled psychotropic drug to a criminal defendant acting as his own attorney during his criminal trial without an in-person or face-to-face evaluation by a prescribing physician or other medical professional?

Counsel of record

For petitioner
Tracey Lee Salmon
Faegre Drinker Biddle & Reath LLP

For respondent
Catherine A. Foddai
Bergen County Prosecutor's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 05 2021
    Petition DENIED.
  2. Mar 16 2021
    DISTRIBUTED for Conference of 4/1/2021.
  3. Mar 10 2021
    Waiver of right of respondents Administrator, New Jersey State Prison, et al. to respond filed.
  4. Feb 18 2021
    Petition for a writ of certiorari filed. (Response due March 26, 2021)