United States v. James, No. 19-30049 (5th Cir. 2019)Annotate this Case
The burden of proof for the four factor test that prosecutors must satisfy before a court may compel the medication of the accused in Sell v. United States, 539 U.S. 166 (2003), is by clear and convincing evidence, not just by the preponderance of the evidence. The Fifth Circuit vacated the district court's judgment, because it was not clear from the record what burden of proof the district court applied and in light of the sensitivity of the interest involved. The court remanded for the district court to apply the clear and convincing evidence standard.