Showing posts with label right to appear. Show all posts
Showing posts with label right to appear. Show all posts

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.