SC Number:
CA Number:
Case Title:
State of Oregon v. James Michael Francis Lopes
10:00 AM
Supreme Court Case 1
Laura Graser on behalf of James Michael Francis Lopes
Leigh A. Salmon on behalf of the State of Oregon
Statement of Issues:
State of Oregon v. James Michael Francis Lopes (S061395) (original mandamus proceeding involving an order from Multnomah County Circuit Court).

Defendant James Michael Francis Lopes filed a petition for a writ of mandamus, seeking a writ directing the trial court to vacate an order that authorized the involuntary administration of medications to defendant for the purpose of restoring defendant's competence to stand trial. The Oregon Supreme Court allowed the petition and issued an alternative writ of mandamus.

The issues in this mandamus proceeding are as follows:

(1) Under what circumstances may an accused person, who the trial court has found to have a mental disease and to be unfit to proceed to trial, be forcibly administrated psychotropic medication?

(2) May a trial court order that an accused person be forcibly medicated if the person's treating psychiatrist and the evaluators at the Oregon State Hospital (OSH) state that, in their view, OSH is not legally authorized to forcibly medicate the person)?

(3) May an allegedly nondangerous accused person be forcibly medicated by court order if the only rationale to do so is to render him competent to stand trial for a Class C felony?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit Briefs

Last Revised: 12/04/2013