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Article • June 1, 2008 • from P&J June, 2008
U.S. v. Cope, No. 06-50441 (9th Cir.) (527 F.3d 944) (June 4, 2008) (Judge Sidney R. Thomas) by Gordon Cope was arrested in September, 2003 by the San Bernardino Sheriff's Department, and charged with various sex offense crimes arising out of their discovery of over 600 images and 20 videos …
Article • March 1, 2008 • from P&J March, 2008
U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (513 F.3d 908) (January 22, 2008) (Judge Jeremy Fogel) by The defendant in this case had previously has been convicted of aggravated assault on a corrections officer, lewd and lascivious acts with a child under the age of 14, annoying children and trespassing. …
Article • October 1, 2007 • from P&J October, 2007
U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (506 F.3d 811) (October 31, 2007) (Judge Jeremy Fogel) by This is an important decision on the forced use of antipsychotic drugs on prisoners in order to render them competent to stand trial; and it establishes come concrete guidelines for district courts to …
Article • October 1, 2007 • from P&J October, 2007
U.S. v. Cope, No. 06-50441 (9th Cir.) (506 F.3d 908) (November 5, 2007) (Judge Sidney R. Thomas) by Here the Court held that there are significant liberty interests at stake when a court orders a defendant to undergo forced medication (such as “chemical castration”) as a special condition of supervised …
Article • September 1, 2005 • from P&J September, 2005
U.S. v. Rivera-Guerrero, No. 04-50493 (9th Cir.) (426 F.3d 1130) (October 19, 2005) (Judge Stephen Reinhardt) by In a brilliant decision by Judge Reinhardt, the Ninth Circuit has issued a comprehensive review of the law on involuntary medicating incompetent defendants pretrial. The case involved the forced medication of an alien …
Article • December 1, 2004 • from P&J December, 2004
U.S. v. Ghane, No. 04-1769 (8th Cir.) (392 F.3d 317) (December 20, 2004) (Judge Gerald W. Heaney) by After the Government moved for the forced use of antipsychotic medication on the defendant to render him competent to stand trial, the magistrate judge routinely concluded that the use of such medication …
Article • October 1, 2004 • from P&J October, 2004
U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs) by
Article • August 1, 2004 • from P&J August, 2004
U.S. v. Weston, No. CRIM.A. 98-357(EGS) (D.D.C.) (326 F.Supp.2d 64) (July 15, 2004) (Judge Emmet G. Sullivan) by The Government requested to extend defendant's involuntary medical treatment for an additional 180-day period pursuant to 18 U.S.C.S. § 4241(d) in connection with his indictment for the murders of two police officers …
Article • April 1, 2004 • from P&J April, 2004
U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney) by Here, on remand from the Supreme Court, the district court again concluded that the defendant was not competent to stand trial and that his involuntary medication was warranted and consistent …
Article • September 1, 2003 • from P&J September, 2003
Singleton v. Norris, No. 02-10605 (U.S. Supreme Court) (540 U.S. 832; 124 S.Ct. 74) (October 6, 2003) (Per Curiam) by In 1979, Charles Singleton, an African-American, killed Mary Lou York, an elderly white grocery clerk. He was tried, convicted and sentenced to death for that crime later that same year; …
Article • January 1, 2003 • from P&J January, 2003
Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman) by Here, by a vote of 6 to 5, the Court held that the Constitution's prohibition against cruel and unusual punishment would not be violated if prison authorities forcibly administered antipsychotic drugs to …
Article • April 1, 2002 • from P&J April, 2002
U.S. v. Sell, No. 01-1862 (8th Cir.) (282 F.3d 560) (March 7, 2002) (Judge Gerald W. Heaney) by Here, a divided panel held, as a matter of first impression, that the Government could, subject to certain limitations, forcibly administer antipsychotic drugs to a pretrial detainee for the purpose of rendering …
Article • November 1, 2001 • from P&J November, 2001
Singleton v. Norris, No. 00-1492 (8th Cir.) (267 F.3d 859) (October 12, 2001) (Judge Gerald W. Heaney) by The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, …
Article • October 1, 2001 • from P&J October, 2001
U.S. v. Arena, No. 00 Cr. 398 (JFK) (S.D.N.Y.) (2001 U.S. Dist. LEXIS 17522) (October 29, 2001) (Judge John F. Keenan) by Here the Court held hat a defendant may be medicated with anti-psychotic drugs to ensure his competency to stand trial, even though the defense announced its intention to …
Article • July 31, 2001
Riggins v. Nevada, No. 90-8466 (U.S. Supreme Court) (504 U.S. 127; 112 S.Ct. 1810) (May 18, 1992) (Justice O'Connor) by In this case the Supreme Court addressed a claim by a pretrial detainee on direct appeal from his convictions that his right to a fair trial was denied under the …
Article • July 1, 2001 • from P&J July, 2001
U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) by Here the Court approved the forced use of antipsychotic drugs on a pretrial detainee who has been accused of killing two policemen in an attempt to make him competent to stand trial …
Article • May 1, 2001 • from P&J May, 2001
U.S. v. Weston, No. Crim. A. 98-357(EGS) (D.D.C.) (134 F.Supp.2d 115) (March 6, 2001) (Judge Emmet G. Sullivan) by In this continuing saga of a mentally unbalanced pre-trial defendant accused of killing Capitol Police, the Court ordered his forced medication with antipsychotic medication as medically appropriate to enable him to …
Article • April 1, 2000 • from P&J April, 2000
U.S. v. Weston, No. 99-3119 (D.C. Cir.) (206 F.3d 9) (March 24, 2000) (Per Curiam) by This case is noted for its extended discussion of the parameters under which the Bureau of Prisons may forcibly use antipsychotic drugs on a prisoner. Here, the defendant was charged with killing two police …
Article • April 1, 2000 • from P&J April, 2000
Closs v. Weber, No. Civ. 99-4124 (D.S.D.) (87 F.Supp.2d 921) (December 23, 1999) (Judge Lawrence L. Piersol) by Here the Court held that the petitioner's due process rights were violated where his parole was revoked for exercising his right to refuse psychotropic medication which was ordered to be administered by …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Weston, No. CRIM. A. 98-357 EGS (D.D.C.) (69 F.Supp.2d 99) (September 9, 1999) (Judge Emmet G. Sullivan) by In this decision, the District Court authorized the use of antipsychotic drugs on a pretrial detainee, based on the BOP's finding that the use of such drugs was necessary for …
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