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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117370
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In a capital criminal case in the state of alabama, can a ...

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In a capital criminal case in the state of alabama, can a defendant be forced to take medication in order to become competent enough to a) stand trial or b) in order to be executed?
The U.S. Supreme Court has ruled that it is acceptable for a person to be forcibly medicated in order to be competent to stand trial and be executed.

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Customer: replied 9 years ago.
Can you reference the cases (Sells, probably) that helped you come to that answer? Also, my question was specifically about Alabama law, so I was looking for how Alabama courts would view the issue.
I could find no cases in Alabama that dealt with the issue, the case I relied upon was Sells v. United States in reaching my conclusion. I cannot find any cases where the Alabama Courts have even addressed this issue. Sorry I could not find you more specific information about Alabama, but it doesn't appear to be out there.
Customer: replied 9 years ago.
If you were writing a brief on this subject, generally what do the other states / judicial districts hold on this subject?
Aside from Sells, the most significant other cases since Sells, all of which uphold the involuntary administration of medication to make a person competent for trial are Singleton v. Norris, 319 F.3d 1018 (8th Cir., 2003); Staley v. State, 233 S.W.3d 337 (Tex. Crim. App., 2007); Pough v. U.S., 442 F.3d 959 (6th Cir., 2006).
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