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STATE v. LOPES

Nos. CC 120833467, SC S061395.

322 P.3d 512 (2014)

355 Or. 72

STATE of Oregon, Plaintiff-Adverse Party, v. James Michael Francis LOPES, aka James Michael Francis Lopez, Defendant-Relator.

Supreme Court of Oregon, En banc.

Decided March 20, 2014.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for defendant-relator.

Leigh A. Salmon, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Erin C. Lagesen, Assistant Attorney General, Salem, filed a brief for amicus curiae Oregon Health Authority. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Julia E. Markley, Perkins Coie LLP, Portland, filed a brief for amicus curiae The American Civil Liberties Union of Oregon, Inc. With her on the brief were Kristina J. Holm and Joanna T. Perini.

WALTERS, J.

Relator seeks a peremptory writ of mandamus directing the Multnomah County Circuit Court to vacate an order authorizing the involuntary administration of medication for the purpose of restoring relator's trial competence. For the reasons that follow, we conclude that, although trial courts have statutory authority to enter such orders, the order that the trial court entered in this case did not comport with the due process requirements of the federal constitution...

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