Carter v. Superior Court

Opinion

RUBIN, Acting P. J.

INTRODUCTION

Robert Carter, a criminal defendant facing violent felony charges, was found incompetent to stand trial. The trial court then authorized a state hospital to administer antipsychotic drugs against his will in an effort to restore his competency. Under Sell v. United States (2003) 539 U.S. 166 [156 L.Ed.2d 197, 123 S.Ct. 2174] (Sell), orders of this sort are constitutionally permissible only if they satisfy strict criteria. Otherwise, an accused has a due process liberty interest that protects against being involuntarily medicated. We hold the trial court’s…