Legal Opinion

State v. Lopes

Oregon Supreme Court

Decided March 20, 2014No. CC 120833467; SC S061395PublishedCited by 6 opinions

1Opinion of the CourtWalters, J.

Relator seeks a peremptory writ of mandamus directing the Multnomah County Circuit Court to vacate an order authorizing the involuntary administration of medication for the purpose of restoring relator’s trial competence. For the reasons that follow, we conclude that, although trial courts have statutory authority to enter such orders, the order that the trial court entered in this case did not comport with the due process requirements of the federal constitution as articulated in Sell v. United States, 539 US 166, 123 S Ct 2174, 156 L Ed 2d 197 (2003). Accordingly, we issue the writ.

The…

2Cases cited33 opinions

  1. Vitek v. JonesSupreme Court of the United States · 1980
  2. Washington v. HarperSupreme Court of the United States · 1990
  3. Jackson v. IndianaSupreme Court of the United States · 1972
  4. Riggins v. NevadaSupreme Court of the United States · 1992
  5. Sell v. United StatesSupreme Court of the United States · 2003

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3Cited by6 opinions

  1. Travis Bean v. Dolly MatteucciCourt of Appeals for the Ninth Circuit · 2021
  2. Oregon State Hospital v. ButtsOregon Supreme Court · 2015
  3. State v. HoldenConnecticut Superior Court · 2014
  4. Oregon State Hospital v. ButtsOregon Supreme Court · 2015
  5. State v. Glassmyer (Alternative Writ of Mandamus)Oregon Supreme Court · 2014

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