Colorado v. Marquardt

Respondent Larry Marquardt was committed to the Colorado Mental Health Institute at Pueblo (CMHIP) in 2013 after having been found not guilty by reason of insanity on charges of criminal attempt to commit first degree murder, assault with a deadly weapon and assault on an at-risk adult. He was diagnosed with "schizoaffective disorder, bipolar type, with prominent paranoia." Respondent took ten milligrams of an antipsychotic medication once daily, but refused to take more because of a fear of the side effects, namely tardive dyskinesia. The State petitioned to have the dosage increased to a maximum of twenty milligrams daily, because respondent's psychiatrist felt that ten milligrams was only partially effective. A trial court found that the increased dosage was "necessary to prevent a significant long-term deterioration in his mental condition." The court observed that because of respondent's mental illness and insanity plea, he would never be released from the institution unless his condition improved, and concluded that respondent's need for treatment was sufficiently compelling to override "any bona fide and legitimate interest of [Marquardt] in refusing treatment." The court ordered respondent to submit to the increased dose. Respondent appealed, arguing the trial court misapplied the controlling case law precedent to his case. "Colorado v. Medina," (705 P.2d 961 (1985)) outlined the rule that courts had to follow before ordering a patient to be forcibly medicated. In this case, the Colorado Supreme Court held that the "Medina" rule applied to petitions to increase the dose of a medication over a patient's objection. Further, the Court held that if the patient was stable, a lack of improvement, without more, did not satisfy Medina's requirement that the patient be at risk of significant and likely long-term deterioration. View "Colorado v. Marquardt" on Justia Law