25CA0651 Peo in Interest of Ardeshiri 02-12-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA0651 City and County of Denver Probate Court No. 25MH306 Honorable Beth A. Tomerlin, Magistrate
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Eemaan Ardeshiri,
Respondent-Appellant.
APPEAL DISMISSED IN PART AND ORDER AFFIRMED
Division V Opinion by JUDGE TOW Lipinsky and Martinez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced February 12, 2026
Miko Brown, City Attorney, Daniel Horwitz, Assistant City Attorney, Denver, Colorado, for Petitioner-Appellee
The Mental Health Law Firm, Johnathan B. Culwell, Denver, Colorado, for Respondent-Appellant
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 Respondent, Eemaan Ardeshiri, appeals the magistrate’s order
authorizing the staff at the Colorado Mental Health Hospital at Fort
Logan (Fort Logan) to involuntarily medicate him. We dismiss the
appeal in part and otherwise affirm the order.
I. Background
¶2 In March 2025, Ardeshiri was admitted to the University of
Colorado Hospital Behavioral Health Unit on a seventy-two-hour
emergency mental health hold. Ardeshiri reported that
“frequencies” were being “placed in his brain” and that he was
hearing “distressing voices.” His treating physician diagnosed him
with schizophrenia and sought orders authorizing short-term
certification and the involuntary administration of medication.
¶3 In August 2025, Ardeshiri was transferred to Fort Logan. At
the request of his treating physician at Fort Logan, Dr. Robert
Hernandez, the People filed a petition to involuntarily medicate
Ardeshiri with five antipsychotic medications (Clozaril, Haldol,
Abilify, Invega, and Zyprexa), two mood stabilizers (lithium and
Depakote), an antianxiety medication (Ativan), and several side
effect medications. On September 17, 2025, the magistrate held an
evidentiary hearing, at which Dr. Hernandez testified. After hearing
1 the evidence, the magistrate found that the People had established
all four elements for the involuntary administration of medication
set forth in People v. Medina, 705 P.2d 961, 973 (Colo. 1985), and
granted the petition.
II. Mootness
¶4 Ardeshiri challenges the magistrate’s order to involuntarily
medicate him with Abilify, Haldol, Ativan, Depakote, and lithium.
The People assert that the appeal is moot as to the involuntary
administration of Abilify, Haldol, Ativan, and Depakote. We agree.
¶5 We review de novo the legal question of whether a case is
moot. Colo. Mining Ass’n v. Urbina, 2013 COA 155, ¶ 23. A case is
moot when a judgment would have no practical effect on an existing
controversy. People in Interest of L.O.L., 197 P.3d 291, 293 (Colo.
App. 2008); see also People in Interest of Vivekanathan, 2013 COA
143M, ¶ 14 (When a case is moot, “[a]ny decision on the merits
would result in an advisory opinion, and we should not issue such
opinions.”).
¶6 After Ardeshiri filed his appeal, the parties stipulated to a new
order that removed authorization for the involuntary administration
of Abilify, Haldol, Ativan, and Depakote. Upon the agreement, the
2 magistrate entered an order authorizing the involuntary
administration of two antipsychotics (Clozaril and Invega), a mood
stabilizer (lithium), and several side effect medications.1 In other
words, Ardeshiri’s doctors are no longer authorized to administer
four of the five medications at issue in this appeal.
¶7 Because Ardeshiri is no longer subject to the involuntary
administration of Abilify, Haldol, Ativan, and Depakote, our
judgment with respect to those medications would have no practical
effect. See Freedom from Religion Found., Inc. v. Romer, 921 P.2d
84, 88 (Colo. App. 1996) (“Appellate courts will not generally render
opinions on the merits of appeals when issues presented in
litigation become moot because of subsequent events.”). Ardeshiri
does not argue that any exception to the mootness doctrine applies
here. See People in Interest of C.G., 2015 COA 106, ¶ 37 (describing
exceptions to the mootness doctrine).
¶8 Instead, Ardeshiri asserts that these issues have not become
moot because the magistrate lacked jurisdiction to amend its
1 We may take judicial notice of the contents of court records in
related proceedings. People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004).
3 previous order. Generally, a district court loses jurisdiction to
conduct further substantive action related to the judgment on
appeal when a party files a notice of appeal. Musick v. Woznicki,
136 P.3d 244, 246 (Colo. 2006). However, the court may still retain
jurisdiction if it is authorized to do so by statute or rule. People in
Interest of K.A., 155 P.3d 558, 561 (Colo. App. 2006). In mental
health cases, section 27-65-114, C.R.S. 2025, permits the district
court to “make such order as the court may consider proper in the
premises relating to the care and custody of the respondent” when
the matter is pending appeal. Under this statute, although the
court could not amend a previous order, it could enter a new order
for the involuntary administration of medication.
¶9 As the magistrate observed, by adopting the parties’
stipulation, the magistrate was not amending the order on appeal
but, rather, issuing a new order for a narrower list of medications
based on Ardeshiri’s changed circumstances. We agree with the
magistrate and, consequently, conclude that she acted within her
authority under section 27-65-114 and had jurisdiction to do so.
We therefore reject Ardeshiri’s argument.
4 ¶ 10 In sum, we conclude that the appeal of the magistrate’s order
authorizing the involuntary administration of Abilify, Haldol, Ativan,
and Depakote is moot. We therefore dismiss the appeal with
respect to those medications.
III. Sufficiency of the Evidence
¶ 11 Having concluded that part of Ardeshiri’s appeal is moot, we
now address his assertion that the evidence was insufficient to
support the magistrate’s order authorizing the involuntary
administration of lithium. For the reasons set forth below, we
conclude that sufficient evidence supports the magistrate’s order.
A. Applicable Law and Standard of Review
¶ 12 A magistrate may order the involuntary administration of
medication if the People prove by clear and convincing evidence that
(1) the patient is incompetent to effectively participate in the
treatment decision; (2) the treatment is necessary to prevent a
significant and likely long-term deterioration in the patient’s mental
health condition or to prevent the likelihood of the patient causing
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25CA0651 Peo in Interest of Ardeshiri 02-12-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA0651 City and County of Denver Probate Court No. 25MH306 Honorable Beth A. Tomerlin, Magistrate
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Eemaan Ardeshiri,
Respondent-Appellant.
APPEAL DISMISSED IN PART AND ORDER AFFIRMED
Division V Opinion by JUDGE TOW Lipinsky and Martinez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced February 12, 2026
Miko Brown, City Attorney, Daniel Horwitz, Assistant City Attorney, Denver, Colorado, for Petitioner-Appellee
The Mental Health Law Firm, Johnathan B. Culwell, Denver, Colorado, for Respondent-Appellant
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 Respondent, Eemaan Ardeshiri, appeals the magistrate’s order
authorizing the staff at the Colorado Mental Health Hospital at Fort
Logan (Fort Logan) to involuntarily medicate him. We dismiss the
appeal in part and otherwise affirm the order.
I. Background
¶2 In March 2025, Ardeshiri was admitted to the University of
Colorado Hospital Behavioral Health Unit on a seventy-two-hour
emergency mental health hold. Ardeshiri reported that
“frequencies” were being “placed in his brain” and that he was
hearing “distressing voices.” His treating physician diagnosed him
with schizophrenia and sought orders authorizing short-term
certification and the involuntary administration of medication.
¶3 In August 2025, Ardeshiri was transferred to Fort Logan. At
the request of his treating physician at Fort Logan, Dr. Robert
Hernandez, the People filed a petition to involuntarily medicate
Ardeshiri with five antipsychotic medications (Clozaril, Haldol,
Abilify, Invega, and Zyprexa), two mood stabilizers (lithium and
Depakote), an antianxiety medication (Ativan), and several side
effect medications. On September 17, 2025, the magistrate held an
evidentiary hearing, at which Dr. Hernandez testified. After hearing
1 the evidence, the magistrate found that the People had established
all four elements for the involuntary administration of medication
set forth in People v. Medina, 705 P.2d 961, 973 (Colo. 1985), and
granted the petition.
II. Mootness
¶4 Ardeshiri challenges the magistrate’s order to involuntarily
medicate him with Abilify, Haldol, Ativan, Depakote, and lithium.
The People assert that the appeal is moot as to the involuntary
administration of Abilify, Haldol, Ativan, and Depakote. We agree.
¶5 We review de novo the legal question of whether a case is
moot. Colo. Mining Ass’n v. Urbina, 2013 COA 155, ¶ 23. A case is
moot when a judgment would have no practical effect on an existing
controversy. People in Interest of L.O.L., 197 P.3d 291, 293 (Colo.
App. 2008); see also People in Interest of Vivekanathan, 2013 COA
143M, ¶ 14 (When a case is moot, “[a]ny decision on the merits
would result in an advisory opinion, and we should not issue such
opinions.”).
¶6 After Ardeshiri filed his appeal, the parties stipulated to a new
order that removed authorization for the involuntary administration
of Abilify, Haldol, Ativan, and Depakote. Upon the agreement, the
2 magistrate entered an order authorizing the involuntary
administration of two antipsychotics (Clozaril and Invega), a mood
stabilizer (lithium), and several side effect medications.1 In other
words, Ardeshiri’s doctors are no longer authorized to administer
four of the five medications at issue in this appeal.
¶7 Because Ardeshiri is no longer subject to the involuntary
administration of Abilify, Haldol, Ativan, and Depakote, our
judgment with respect to those medications would have no practical
effect. See Freedom from Religion Found., Inc. v. Romer, 921 P.2d
84, 88 (Colo. App. 1996) (“Appellate courts will not generally render
opinions on the merits of appeals when issues presented in
litigation become moot because of subsequent events.”). Ardeshiri
does not argue that any exception to the mootness doctrine applies
here. See People in Interest of C.G., 2015 COA 106, ¶ 37 (describing
exceptions to the mootness doctrine).
¶8 Instead, Ardeshiri asserts that these issues have not become
moot because the magistrate lacked jurisdiction to amend its
1 We may take judicial notice of the contents of court records in
related proceedings. People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004).
3 previous order. Generally, a district court loses jurisdiction to
conduct further substantive action related to the judgment on
appeal when a party files a notice of appeal. Musick v. Woznicki,
136 P.3d 244, 246 (Colo. 2006). However, the court may still retain
jurisdiction if it is authorized to do so by statute or rule. People in
Interest of K.A., 155 P.3d 558, 561 (Colo. App. 2006). In mental
health cases, section 27-65-114, C.R.S. 2025, permits the district
court to “make such order as the court may consider proper in the
premises relating to the care and custody of the respondent” when
the matter is pending appeal. Under this statute, although the
court could not amend a previous order, it could enter a new order
for the involuntary administration of medication.
¶9 As the magistrate observed, by adopting the parties’
stipulation, the magistrate was not amending the order on appeal
but, rather, issuing a new order for a narrower list of medications
based on Ardeshiri’s changed circumstances. We agree with the
magistrate and, consequently, conclude that she acted within her
authority under section 27-65-114 and had jurisdiction to do so.
We therefore reject Ardeshiri’s argument.
4 ¶ 10 In sum, we conclude that the appeal of the magistrate’s order
authorizing the involuntary administration of Abilify, Haldol, Ativan,
and Depakote is moot. We therefore dismiss the appeal with
respect to those medications.
III. Sufficiency of the Evidence
¶ 11 Having concluded that part of Ardeshiri’s appeal is moot, we
now address his assertion that the evidence was insufficient to
support the magistrate’s order authorizing the involuntary
administration of lithium. For the reasons set forth below, we
conclude that sufficient evidence supports the magistrate’s order.
A. Applicable Law and Standard of Review
¶ 12 A magistrate may order the involuntary administration of
medication if the People prove by clear and convincing evidence that
(1) the patient is incompetent to effectively participate in the
treatment decision; (2) the treatment is necessary to prevent a
significant and likely long-term deterioration in the patient’s mental
health condition or to prevent the likelihood of the patient causing
serious harm to himself or others at the institution; (3) a less
intrusive treatment alternative is not available; and (4) the patient’s
need for treatment is sufficiently compelling to override any bona
5 fide and legitimate interest of the patient in refusing treatment.
Medina, 705 P.2d at 973.
¶ 13 Application of the Medina test involves mixed questions of fact
and law. People v. Marquardt, 2016 CO 4, ¶ 8. We defer to the
magistrate’s factual findings if they have record support, but we
review legal conclusions de novo. Id.
¶ 14 When a patient challenges the sufficiency of the evidence
supporting an involuntary medication order, we must affirm if the
evidence, viewed as a whole and in the light most favorable to the
People, is sufficient to support the order. People in Interest of
R.K.L., 2016 COA 84, ¶ 13. As the fact finder, the district court
determines the sufficiency, probative effect, and weight of the
evidence, along with the inferences and conclusions to be drawn
therefrom. People in Interest of R.C., 2019 COA 99M, ¶ 7.
B. Analysis
¶ 15 Ardeshiri contends that the People did not present sufficient
evidence to establish the second Medina element in relation to the
involuntary administration of lithium. We disagree.
¶ 16 The magistrate determined that the requested medications
were necessary to prevent a significant and likely long-term
6 deterioration in Ardeshiri’s mental condition. In doing so, the
magistrate considered the “nature and gravity” of Ardeshiri’s mental
illness, as well as his prognosis without treatment, which the court
described as “very, very bad.” The magistrate also found that the
requested medications were “essential to effective treatment,” noting
that the “failure to medicate” would be more harmful to Ardeshiri
than the risks posed by the medications.
¶ 17 The magistrate found specifically that there was a “current
need” for lithium to treat Ardeshiri’s symptoms of depression. The
magistrate also found that lithium had an added benefit of
increasing Ardeshiri’s white blood cell count, which can counteract
the side effects of Clozaril. The magistrate further noted that,
although Dr. Hernandez had not yet started Ardeshiri on lithium,
he intended to do so in short order.
¶ 18 The evidence supports the magistrate’s findings. Dr.
Hernandez testified that he was treating Ardeshiri’s psychosis with
Clozaril and had started Invega about two weeks earlier to
“augment” Ardeshiri’s treatment. The doctor said that he intended
to begin lithium to treat Ardeshiri’s depressive symptoms “after
maximizing the Invega.” Dr. Hernandez reported that he needed to
7 address the symptoms of depression because they could be
“compounded by negative symptoms of schizophrenia.” He also
said that lithium “has the additional benefit of increasing white cell
count” and that Ardeshiri’s cell count was hovering just above the
lower limit.
¶ 19 Dr. Hernandez opined that, without treatment, Ardeshiri’s
mental illness would “gradually” and “progressively become more
severe.” He described the prognosis without treatment as “very,
very bad” and noted that the benefits of the medications outweigh
the risks associated with them. Ultimately, Dr. Hernandez opined
that because Ardeshiri’s symptoms would continue to “get worse
over time,” he needed treatment to prevent a significant and likely
long-term deterioration in his mental health condition.
¶ 20 On appeal, Ardeshiri asserts that the evidence is insufficient
because there was minimal evidence that he had depression. To be
sure, the evidence supporting the court’s finding that he needed
lithium to treat his depression is limited to a brief statement by the
doctor. But “[t]he testimony of the physician seeking to administer
treatment may be sufficient by itself to satisfy” the Medina
elements. R.K.L., ¶ 30. And Ardeshiri’s treating physician is
8 well-positioned to observe and determine whether Ardeshiri was
displaying depression symptoms that needed to be treated with
medication. We therefore conclude that the evidence is sufficient to
establish that Ardeshiri needed lithium to treat symptoms of
depression.
¶ 21 Ardeshiri also contends that the People did not establish that
he needed lithium to prevent deterioration, considering that Dr.
Hernandez would not start the administration of lithium until
“maximizing” Invega. But the record shows that Ardeshiri’s doctors
had treated him with several different medications, some with more
success than others, and had only started him on Invega two weeks
before the hearing. In other words, the evidence establishes that
Ardeshiri’s treatment regimen continued to evolve, but that he
needed the full regimen of medications to prevent deterioration.
Thus, although Dr. Hernandez had not started lithium at the time
of the hearing, the evidence still shows that, within the context of
Ardeshiri’s full treatment regimen, he needed lithium to prevent
significant and likely long-term deterioration.
¶ 22 Therefore, viewed in the light most favorable to the People, we
conclude that the evidence was sufficient to establish the second
9 Medina element. See People in Interest of Strodtman, 293 P.3d 123,
132-33 (Colo. App. 2011) (evidence that the patient was
“functioning poorly upon admission” but “improved dramatically
with administration” of medication supported the court’s finding
that the People had proved the second Medina element).
IV. Disposition
¶ 23 We dismiss the appeal with respect to the magistrate’s order
authorizing Abilify, Haldol, Ativan, and Depakote. We affirm the
order authorizing the involuntary administration of lithium.
JUDGE LIPINSKY and JUSTICE MARTINEZ concur.