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: Defense Newsletter Blog

Diaz: Involuntary Medication to Render Defendant Mentally Competent for Trial

By Tim Cone

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In U.S. v. Diaz, No. 09-15421 (Jan. 12, 2011), the Court affirmed a district court?s grant of permission to medicate a defendant involuntarily in order to render him mentally competent to stand trial.After reviewing at length the expert reports regarding Diaz?s schizophrenia, and statistical studies regarding the effectiveness of medication, the Court found a ?substantial likelihood that anti-psychotic medication will restore Diaz to competency,? and that this medication ?is not substantially likely to cause side effects that would interfere with Diaz?s ability to assist counsel.? The Court credited expert opinions that side effects ?easily can be controlled with supplemental medication.? The Court also noted that if the side effects could not be controlled, Diaz would be switched to another treatment regimen...continue to full post

Full post as published by Defense Newsletter Blog on January 14, 2011 (boomark / email).

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