District court erred in ordering involuntary administration of antipsychotic medication for purpose of rendering defendant competent for trial
DUE PROCESS United States v. Morrison, No. 04-4174, ___ F.3d ___ (10th Cir. Jul. 19, 2005)(Utah). Appeal of district court order authorizing involuntary administration of antipsychotic medication to render defendant competent to stand trial. HELD: District court erred in ordering involuntary administration of antipsychotic medication to render defendant competent to stand trial under four-part test set out in Sell v. United States, 539 U.S. 166 (2003), without first inquiring under test set out in Washington v. Harper, 494 U.S. 210 (1990), as to whether it was appropriate to medicate defendant for more limited purpose of ensuring defendant’s safety or safety of others. Read the opinion here. |
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