1. Whether the Fifth Amendment applies to inculpatory statements made by incompetent defendants during non-compulsory mental health examinations undertaken in connection with competency restoration proceedings.
2. Whether criminal defendants who have been found incompetent may waive their Fifth Amendment rights before they are found to be restored to competency.
3. Whether the superior court violated a criminal defendant’s due process rights by precluding their chosen mental health expert (to whom the defendant had made potentially inculpatory statements) from testifying because the defendant could not call their witness without making full, unredacted disclosure to the State pursuant to Rule 11.4(b), Ariz. R. Crim. P. and the defendant was incompetent and could not waive their Fifth Amendment rights.
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