Television Commercial for Attorney Frank Walker

Monday, July 27, 2009

Mentally Incompetent Inmate

Commonwealth v Sam, 952 A.2d 565 (Pa. 2008)­the Court, per Castille, C.J., holds that Art. I, section 8 of the Pennsylvania Constitution does not provide a greater right for a mentally incompetent inmate to refuse antipsychotic medication for the purpose of rendering the inmate competent to participate in post-sentencing proceedings than did the parallel federal right determined by the United States Supreme Court in Sell v. United States, 539 U.S. 166 (2003). Baer, J., joined by Todd, J., dissented.



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