Legal Opinion

United States v. Burhoe

District Court, D. Maine

Decided September 25, 2008No. CR-06-57-B-WPublishedCited by 1 opinion

1Opinion of the Court

ORDER ON SELL HEARING

JOHN A. WOODCOCK, JR., District Judge.

Applying Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003), the Court finds that the Government has established each Sell criterion by clear and convincing evidence and authorizes the Government to involuntarily medicate the Defendant to restore his mental competency to stand trial.

I. STATEMENT OF FACTS

A. A Delayed Process

The intersection between a crime premised on underlying mental illness and the defendant’s competency is inherently problematic. William C. Burhoe, a man who carries the diagnosis of…

2Cases cited11 opinions

  1. Washington v. HarperSupreme Court of the United States · 1990
  2. Sell v. United StatesSupreme Court of the United States · 2003
  3. United States v. Herbert G. Evans, Jr.Court of Appeals for the Fourth Circuit · 2005
  4. United States v. Aaron GomesCourt of Appeals for the Second Circuit · 2004
  5. United States v. GreenCourt of Appeals for the Sixth Circuit · 2008

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3Cited by1 opinion

  1. United States v. BurhoeDistrict Court, D. Maine · 2010

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