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Name: Carter v. Superior Court
Case #: B182641
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/27/2006

The court may not force an offender to undergo drug therapy to restore his competency to stand trial if the order does not satisfy the strict criteria set forth by the United States Supreme Court in Sell v. United States (2003) 539 U.S. 166. The appellate court granted a peremptory writ of mandate and ordered the trial court to vacate the order requiring the administration of antipsychotic medications against the defendant’s will. Noting that the courts disfavor the involuntary administration of drugs to restore competency, the court found that no substantial evidence was produced to support the necessary findings under Sell.