Wednesday, February 28, 2007

Order to Involuntarily Medicate Defendant to Competency Affirmed

United States v. Archuleta, 2007 WL 549277 (2/23/07)(unpub'd) - The 10th affirms an order to involuntarily medicate a defendant to competency. The 10th troublingly holds that, in deciding whether the governmental interest in making the defendant competent has been lessened by the time the defendant has already spent in custody, the court should compare the time in custody to the statutory maximum, not to the sentence the defendant is likely to receive under the guidelines. The 10th doesn't explain why that is so.