Carter

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 order here did not meet the Sell criteria, nor did it comply with applicable California law. Accordingly, we grant the petition and direct the trial court to vacate its order.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner was charged with rape, sexual battery, assault with a deadly weapon, and false imprisonment. At petitioner’s arraignment, his counsel provided the trial court with a report from a psychiatrist, Dr. Jack Rothberg, that stated petitioner was incompetent to stand trial. The court then declared a doubt as to petitioner’s competency, appointed Dr. Rothberg and Dr. Samuel I. Miles to examine…