Monday, March 30, 2009

Mentally Disordered Offender Has The Right To Be Present At Hearing re Involuntary Medication

In People v. Fisher (here), the Court of Appeal has held that a Mentally Disordered Offender (MDO) has the right to be present at a hearing on whether he should be involuntarily medicated. In this case, however, the court found the error harmless, where the MDO's counsel was present and conducted a vigorous cross-examination of the medical doctor supporting involuntary medication, and appellant later had a chance to attempt to rebut the doctor's testimony.

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