State ex rel. D.B.

214 S.W.3d 209, 2007 Tex. App. LEXIS 679
CourtCourt of Appeals of Texas
DecidedJanuary 31, 2007
DocketNo. 12-06-00304-CV
StatusPublished
Cited by5 cases

This text of 214 S.W.3d 209 (State ex rel. D.B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. D.B., 214 S.W.3d 209, 2007 Tex. App. LEXIS 679 (Tex. Ct. App. 2007).

Opinion

OPINION

BRIAN HOYLE, Justice.

D.B. appeals from an order authorizing the administration of psychoactive medication-forensic. In his sole issue, D.B. argues that the trial court erred in granting the order based upon the United States Supreme Court’s opinion in Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003). We reverse and render.

Background

On August 7, 2006, an application for an order to administer psychoactive medication-forensic was filed by Dr. C.B. Cuel-lar. In the application, Cuellar stated that D.B. was subject to an order dated August 4 for court ordered inpatient mental health services under Chapter 46B of the Texas Code of Criminal Procedure because he had been found incompetent to stand trial. The clerk’s record showed that D.B. was charged with resisting arrest, a Class A misdemeanor. Cuellar stated that D.B. had been diagnosed with schizophrenia, paranoid, continuous. Cuellar wanted the trial court to compel D.B. to take five psychoactive medications: an antidepressant, an anxoilytic/sedative/hypnotic, a mood stabilizer, and two antipsychotics. Cuellar stated that D.B. refused to take the medications voluntarily and that he believed D.B. lacked the capacity to make a decision regarding administration of psychoactive medications because he claimed not to remember anything and denied that he was mentally ill.

Cuellar determined that the proposed medications were the proper course of treatment for D.B. and that if he were treated with the medications, his prognosis would be better and he could improve. However, Cuellar believed that if D.B. was not administered the medications, the consequences would be deterioration. Cuellar considered other medical alternatives to psychoactive medication, but determined that those alternatives would not be as effective. He also considered less intrusive treatments likely to secure D.B.’s agreement to take the psychoactive medications. Finally, Cuellar believed that the benefits of the psychoactive medications [211]*211outweighed the risks in relation to present medical treatment and D.B.’s best interest.

On August 15, the trial court held a hearing on the application. Dr. Jon Gui-dry testified that he was D.B.’s treating physician and that D.B. was currently under court ordered mental health services under Chapter 46B because he had been found incompetent to stand trial. Guidry stated that D.B. verbally refused to accept medications and that he believed D.B. lacked the capacity to make a decision regarding the administration of psychoactive medications. Although Guidry did not complete the application, he reviewed it and agreed with Cuellar’s diagnosis of schizophrenia, paranoid type, continuous. He reviewed the medications listed in the application and testified that these medications were in the proper course of treatment and that treatment with these medications was in D.B.’s best interest. Guidry stated that D.B. would likely benefit from the use of these medications, that the benefits outweighed the risks, and that D.B.’s hospital stay would be shortened. Moreover, Guidry testified that there were no less intrusive means of achieving the same or similar results.

On cross examination, Guidry stated that he spoke to D.B. about using medications and that D.B. understood the nature of that conversation. Guidry testified that D.B. stated there was nothing wrong with him and he did not need medications. Although Guidry did not prepare the application, he stated that he would use the same classes and types of medications to treat D.B. He testified that he would start medicating D.B. with antipsychotics and admitted that the proposed medications had side effects, including stiffness, restlessness, and sedation. Guidry believed that with the use of medications, D.B.’s stay at the hospital would be between four to eight weeks. Before closing, D.B. moved for directed verdict based upon Sell v. United States, 589 U.S. 166, 128 S.Ct. 2174, 156 L.Ed.2d 197 (2003). The trial court denied D.B.’s motion. The trial court admitted two exhibits, a misdemean- or information and judgment of commitment regarding D.B. Finally, the trial court granted the application, noting that the side effects of the proposed medications would not necessarily impede D.B.’s ability to function in trial proceedings, but would, in fact, improve his mental health and restore his ability to participate in a trial.

On August 15, 2006, after considering all the evidence, including the application and the expert testimony, the trial court found that the allegations in the application were true and correct and supported by clear and convincing evidence. The trial court found that D.B. lacked the capacity to make a decision regarding administration of medications and that treatment with the proposed medication was in D.B.’s best interest. The trial court authorized the Department to administer D.B. psychoactive medications, including antidepressants, antipsychotics, mood stabilizers, and anxiolytics/sedatives/hypnotics. This appeal followed.

Involuntary Administration of Psychoactive Medications

In his sole issue, D.B. argues that the trial court erred in granting the order authorizing administration of psychoactive medication-forensic. More specifically, D.B. contends that the State has no important governmental interests in medicating him, that involuntary medication will not significantly further any important governmental interests, that involuntary medication is not necessary to further any such interests, and that administration of the drugs is not medically appropriate and in [212]*212D.B.’s best medical interest. The State disagrees.

Applicable Law

An individual has a constitutionally protected liberty interest in avoiding the involuntary administration of antipsy-chotic drugs. Sell, 589 U.S. at 178, 123 S.Ct. at 2188; United States v. Leveck-Amirmokri, No. EP-04-CR-0961-DB, 2005 WL 1009791, at *3 (WD.Tex. Mar.10, 2005). The United States Constitution permits the government to involuntarily 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.” Sell, 539 U.S. at 179, 123 S.Ct. at 2184. In applying the above standard, a court must (1) find that important governmental interests are at stake, (2) conclude that involuntary medication will significantly further those concomitant state interests, (3) conclude that involuntary medication is necessary to further those state interests, and (4) conclude that administration of the drugs is medically appropriate. Id.,Id., 539 U.S. at 180-81, 123 S.Ct. at 2184-85. A court need not consider whether to allow forced medication for purposes of rendering the defendant competent to stand trial if forced medication is warranted for a different purpose, such as the defendant’s dangerousness or where refusal to take drugs puts the defendant’s health at risk. Id., 539 U.S. at 181-82, 123 S.Ct. at 2185.

Analysis

As an initial matter, we note that there is no evidence that D.B. was dangerous to himself or others.

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Bluebook (online)
214 S.W.3d 209, 2007 Tex. App. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-db-texapp-2007.