A.H.

Cal. Dep't of State Hosps. v. A.H.

Good Law
238 Cal. Rptr. 3d 180·27 Cal. App. 5th 441
Court of Appeal of CaliforniaSeptember 21, 20182d Crim. No. B286187California2,058 words

Opinion

lead Opinion

Yegan, J.

*443 A.H. appeals from a Qawi order ( In re Qawi (2004) 32 Cal.4th 1 , 7 Cal.Rptr.3d 780 , 81 P.3d 224 ) which authorizes the California Department of State Hospitals-Atascadero (Hospital or ASH) to involuntarily administer antipsychotic medication to treat his severe mental disorder. Appellant contends 1. the evidence does not support the finding that he is incompetent to refuse treatment, 2. the Qawi order violates the Free Exercise Clause of the First Amendment, and 3. The Qawi order violates his due process rights.

*444 Appellant's views, whether religious or otherwise, are bizarre. The contentions based thereon, must be rejected. As we shall explain, the premise to this appeal is that "Zythite" or "Zahara," a religion with a congregation of one, is not a sham and that appellant is a true believer. He has the burden of proof on these issues (see ante , p. ----) and he has not met his burden.

Sufficiency of the Evidence

Appellant, a 31-year-old mentally disordered offender (MDO) suffers from schizoaffective disorder, bipolar type, post-traumatic stress disorder (PTSD), and cannabis use disorder, severe. His symptoms include entrenched mood disorder featuring grandiose, often…

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