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Fascinating split Fourth Circuit ruling on forced medication to make white-collar offender competent for trial

By Douglas A. Berman

The Fourth Circuit has a fascinating discussion of both forced medication issues and white-collar sentencing realities today in US v. White, No. 09-7933 (4th Cir. Sept. 22, 2010) (available here).  Here are excerpts from the start and end of the controlling opinion: Kimberly White ("White"), who suffers from Delusional Disorder, Grandiose Type, was indicted in the Eastern District of North Carolina on six counts of conspiracy, credit card fraud and identity theft.  She filed an unopposed motion for determination of her mental competency to stand trial under 18 U.S.C. § 4241. The examining experts unanimously agreed, and it is undisputed, that White is not competent to stand trial.  When White rebuffed all efforts to treat her disorder, on the government?s motion, the district court held an evidentiary hearing pursuant to Sell v...continue to full post

Full post as published by Sentencing Law and Policy on September 22, 2010 (boomark / email).