Heffernan v. Norris

I dissent. The principal issue on appeal is whether the district court can consider the merits of Heffernan’s petition for a writ of habeas corpus. I have three points to make.

1. Riggins v. Nevada, 504 U.S. 127, 112 S.Ct. 1810, 118 L.Ed.2d 479 (1992) controls our decision on this issue. Assuming the facts are as Heffernan contends they are, Riggins should apply to this case. Heffer-nan’s essential claim, as was Riggins’, is that the forced administration of antipsychotic drugs affected Heffeman’s demeanor in front of the jury and his ability to communicate with counsel.

The majority seems to…