Legal Opinion
Cal. Dep't of State Hosps. v. A.H.
California Court of Appeal, 5th District
Decided September 21, 2018No. 2d Crim. No. B286187Published
1Opinion of the CourtYegan, Acting P.J.
*443A.H. appeals from a Qawi order ( In re Qawi (2004) 32 Cal.4th 1, 7 Cal.Rptr.3d 780, 81 P.3d 224 ) which authorizes the California Department of State Hospitals-Atascadero (Hospital or ASH) to involuntarily administer antipsychotic medication to treat his severe mental disorder. Appellant contends 1. the evidence does not support the finding that he is incompetent to refuse treatment, 2. the Qawi order violates the Free Exercise Clause of the First Amendment, and 3. The Qawi order violates his due process rights.
*444Appellant's views, whether religious or otherwise, are bizarre. The contentions…
2Cases cited12 opinions
- Cutter v. WilkinsonSupreme Court of the United States · 2005
- People v. JonesCalifornia Supreme Court · 1990
- Holt v. HobbsSupreme Court of the United States · 2015
- People v. AvilaCalifornia Supreme Court · 2009
- Dawud Halisi Malik v. Neal BrownCourt of Appeals for the Ninth Circuit · 1994
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