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Although a review procedure administered by impartial, nonjudicial professionals might avoid the constitutional deficiencies in Policy 600.30, I would affirm the decision of the Washington Supreme Court requiring a judicial hearing, with its attendant procedural safeguards, as a remedy in this case.
Facts. A prisoner in a state correctional facility who had been diagnosed with bipolar disorder filed a case in state court claiming that the failure to provide a judicial hearing before the involuntary administration of antipsychotic medication violated the Due Process, Equal Protection, and Free Speech clauses of the Constitution.
In 1976, Walter Harper (plaintiff) was sentenced to a Washington state prison for robbery. From 1976 to 1980, Harper spent most of his confinement in the prison’s psychiatric unit and voluntarily took antipsychotic drugs to treat his schizophrenia.
United States Supreme Court. WASHINGTON v. HARPER (1990) No. 88-599. Argued: October 11, 1989 Decided: February 27, 1990. Respondent Harper has been a ward of the Washington state penal system since his 1976 robbery conviction.
The state of Washington (Appellee) brought suit in Washington against International Shoe, Co. (Appellant), a Delaware company with its principal place of business in Missouri, for failure to pay contributions to the state unemployment compensation fund.
Brief Fact Summary. Tugboats, including the T.J. Hooper (Defendants), towed coal barges (Plaintiffs) into a storm where the barges were lost. Like most other tugboats, the Defendants did not have working radios aboard to receive weather forecasts. Synopsis of Rule of Law.
Brief Fact Summary. After being sentenced to death, Petitioner filed for a writ of Habeas Corpus on the grounds that he was given ineffective assistance of counsel. Synopsis of Rule of Law. error, alone, is not sufficient to prove that a defendant was deprived of their constitutional right to effective assistance of counsel. Facts.
