United States Eighth Circuit

In a competency hearing, the district court's order to involuntarily medicate defendant is reversed where a five to ten percent chance of restored competence does not meet the substantial likelihood test imposed in Sell v. US, 539 U.S. 166 (2003).

Appellate Information

• Decided 12/20/2004
• Published 12/20/2004

Judges

• HEANEY, Circuit Judge., Before COLLOTON, HEANEY, and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David L. Owen, Jr., argued, Assistant Federal Public Defender, Kansas City, Missouri (Raymond C. Conrad on the brief), for appellant.


• For Appellees:
  
• D. Michael Green, argued, Assistant U.S. Attorney, Kansas City, Missouri (Todd P. Graves on the brief), for appellee.