Legal Opinion

Henderson v. State

Court of Appeals of Georgia

Decided December 6, 2017No. A17A1926Published

1Opinion of the Court

Doyle, Presiding Judge.

*89Larry Henderson was charged with four counts of aggravated assault against a peace officer.1 Following a hearing, the trial court granted the State's motion to involuntarily medicate him in an attempt to make him competent to stand trial. Henderson appeals, arguing that the trial court failed to follow the test set forth in Sell v. United States2 and that he has a statutory right under OCGA § 37-3-163 to avoid involuntary medication. For the reasons set forth below, we vacate the trial court's order and remand this case for further proceedings in light of this opinion.

In…

2Cases cited4 opinions

  1. Sell v. United StatesSupreme Court of the United States · 2003
  2. United States v. Herbert G. Evans, Jr.Court of Appeals for the Fourth Circuit · 2005
  3. Warren v. StateSupreme Court of Georgia · 2015
  4. Joshua Johnson v. StateCourt of Appeals of Georgia · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API