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Divided Court Strikes Down Forced Medication Order

By Jonathan Byrne

US v. White: White was charged with conspiracy, credit card fraud, and identity theft. She suffers from Delusional Disorder, Grandiose Type. After a motion was filed to determine her competency, it was found (and everyone agreed) that White was not competent to stand trial. After White "rebuffed all efforts to treat her disorder," the Government sought and was granted permission to forcibly medicate her pursuant to Sell v. United States, 539 US 166 (2003). White sought an interlocutory appeal challenging that order.On appeal, the Fourth Circuit reversed, 2-1. "The crux of this case," the court wrote, was whether the Government had a sufficiently important interest in prosecuting White that interference with her liberty interest against self medication was justified, measured against the presence of any "special circumstances" militating against the Government's interest...continue to full post

Full post as published by Fourth Circuit Blog on September 28, 2010 (boomark / email).