People ex rel. Hardesty

410 P.3d 553
CourtColorado Court of Appeals
DecidedOctober 9, 2014
DocketCourt of Appeals No. 14CA1045
StatusPublished

This text of 410 P.3d 553 (People ex rel. Hardesty) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Hardesty, 410 P.3d 553 (Colo. Ct. App. 2014).

Opinion

Opinion by JUDGE TERRY

¶ 1 Respondent, Christian Wayne Hardesty, appeals an order of the district court to involuntarily administer medications to him so that he may be rendered competent to be tried for the crimes of which he is accused. In this opinion, we address the application of Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003), to the district court's order, and we affirm the order.

I. Background

¶ 2 Hardesty was sent to the Colorado Mental Health Institute in Pueblo (CMHIP) after he was found incompetent to proceed in two criminal cases that were filed against him, and he remains there. While he has been at CMHIP, Hardesty has refused to take antipsychotic medications, and the People petitioned to have such medications involuntarily administered to him to render him competent to proceed in the criminal cases.

¶ 3 After holding a hearing and receiving testimony from Hardesty and his treating physician, the district court found that the following facts had been proved by clear and convincing evidence: Hardesty is facing serious criminal charges of robbery and two counts of third degree assault, but has been found incompetent to proceed.

• Hardesty suffers from a mental illness and has refused to take medications prescribed by his treating physician.
• The criminal charges cannot be resolved until Hardesty's competency is restored.
• Hardesty is unlikely to be restored to competency without the prescribed medications.
*556• The medications prescribed by the treating physician are medically appropriate for the treatment of Hardesty's mental disorder.
• The prescribed medications are unlikely to have side effects that will interfere significantly with Hardesty's ability to assist his defense counsel at trial.
• The medications will not cause Hardesty's criminal trials to be unfair.
• Involuntary administration of medications is necessary to further the interests of the state in bringing Hardesty to trial on the criminal charges against him.
• There is no less intrusive treatment option which will allow Hardesty to be restored to competency.

¶ 4 In light of these findings, the district court granted the People's petition to involuntarily administer antipsychotic medications to Hardesty.

II. Discussion

¶ 5 Hardesty argues that the People failed to establish the legal requirements for involuntary administration of medications under Sell . He also argues that the evidence was insufficient to support the order for involuntary treatment. We disagree with both arguments.

A. Applicable Law and Standards of Review

¶ 6 In Sell, the Supreme Court stated:

the Constitution permits the Government involuntarily to administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges in order to render that defendant competent to stand trial, but only if the treatment is medically appropriate, is substantially unlikely to have side effects that may undermine the fairness of the trial, and, taking account of less intrusive alternatives, is necessary significantly to further important governmental trial-related interests.

539 U.S. at 179, 123 S.Ct. 2174. The Court identified the following factors that the trial court must consider in determining whether to order involuntary administration of medications to render a criminal defendant competent to stand trial:

¶ 7(1) The defendant must be facing "serious criminal charges." Id . The court must consider the facts of an individual case in evaluating the state's interest in prosecution. Id . at 180, 123 S.Ct. 2174. In evaluating this factor, the court should keep in mind that

[t]he Government's interest in bringing to trial an individual accused of a serious crime is important. That is so whether the offense is a serious crime against the person or a serious crime against property. In both instances the Government seeks to protect through application of the criminal law the basic human need for security.... [T]he Government has a concomitant, constitutionally essential interest in assuring that the defendant's trial is a fair one.

Id . The Supreme Court identified "special circumstances" that may lessen the importance of the state's interest, such as the defendant's confinement in an institution for the mentally ill, and presentence confinement. See id .

¶ 8(2) The court must conclude that involuntary medication will significantly further the state's interest in prosecution. Id. at 181, 123 S.Ct. 2174. The relevant governmental interest at stake is "the interest in rendering the defendant competent to stand trial ." Id. The inquiry is whether the government's asserted interest in treatment is " 'sufficiently important to overcome the individual's protected interest in refusing' " treatment. United States v. Bradley, 417 F.3d 1107, 1113 (10th Cir.2005) (quoting Sell, 539 U.S. at 183, 123 S.Ct. 2174 ).

¶ 9(3) The court must conclude that administration of the drugs is substantially likely to render the defendant competent to stand trial. Sell, 539 U.S. at 181, 123 S.Ct. 2174.

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Related

Sell v. United States
539 U.S. 166 (Supreme Court, 2003)
United States v. Bradley
417 F.3d 1107 (Tenth Circuit, 2005)
United States v. Aaron Gomes
387 F.3d 157 (Second Circuit, 2004)
United States v. Herbert G. Evans, Jr.
404 F.3d 227 (Fourth Circuit, 2005)
People v. Gennings
808 P.2d 839 (Supreme Court of Colorado, 1991)
United States v. Green
532 F.3d 538 (Sixth Circuit, 2008)
People v. Deroulet
48 P.3d 520 (Supreme Court of Colorado, 2002)
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12 P.3d 824 (Colorado Court of Appeals, 2000)

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Bluebook (online)
410 P.3d 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hardesty-coloctapp-2014.