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We have a defendant whose been in the mental hospital on a criminal commitment forever after being indicted for threatening a district judge. Previously, the hospital took care of all issues re: court ordered meds, but we've now received a request from them for us to do it. I've looked at the mental defenses book, but want to make sure I'm understanding it correctly.

(1) If the attorney is agreeable to waive a formal hearing, can we just submit an agreed order? (2) Does anyone have a sample Order to Administer Meds?

We've got a hearing scheduled Friday, so any quick response would be much appreciated. Thanks in advance for the help.
 
Posts: 35 | Location: Weatherford, TX | Registered: March 28, 2002Reply With QuoteReport This Post
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It is likely too late now, but I just saw your post. See Tex. Crim. Proc. 46B.086 (and read Sell v. United States). There appears in the statute to be no statutory alternative than to hold a hearing, with two medical certificates in support of the necessity for forced meds and testimony of a physician licensed to practice medicine in the State of Texas. Call or email me.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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