District court's grant of government's motion for an order permitting it to involuntarily medicate defendant to render her competent to stand trial is vacated and remanded as the government had the burden of satisfying the Sell v. US, 539 U.S. 166 (2003), standard by clear and convincing evidence, and when the current state of the record is considered with this higher standard of proof, questions arise as to whether the government carried its burden under Sell.
Argued: September 24, 2009
Decided: October 29, 2009
Opinion by Judge Niemeyer
For Appellant: Marta K. Kahn, Baltimore, Maryland
For Appellee: Bonnie S. Greenberg, Baltimore, Maryland