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US v. Diaz, No. 09-15421

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By FindLaw Staff on January 14, 2011 1:02 PM

Forcible Medication Order Affirmed

In US v. Diaz, No. 09-15421, the court affirmed the district court's order granting permission for the government to medicate defendant involuntarily with anti-psychotic medication to render him competent to stand trial for two armed robberies and other firearm offenses where, given the ample evidence presented by the government that defendant had, repeatedly and for a time period of over a year, refused to take medication, and that alternative treatments would be ineffective, the district court did not clearly err in concluding that the government had shown by clear and convincing evidence that involuntary medication was necessary to render defendant competent to stand trial.

 

As the court wrote:  "Defendant Michael Diaz appeals from the district court's order granting permission for the government to medicate him involuntarily with anti-psychotic medication to render him competent to stand trial for two armed robberies and other firearm offenses. After review and oral argument, we affirm. Diaz has not shown that the district court clearly erred in finding that the government satisfied its burden under Sell v. United States, 539 U.S. 166, 123 S. Ct. 2174 (2003) and in granting permission to medicate Diaz involuntarily."

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