Wednesday, January 20, 2021

Bean v. Matteucci, No. 19-35119 (1-20-21)(Paez w/Antoon; dissent by Rawlinson).  This is a Sell issue arising from a murder prosecution in state court. The state wishes to forcibly medicate the petitioner to restore competency. In habeas, the district court denied habeas relief, using Younger abstention as a subject matter jurisdictional bar. It isn’t. The 9th reversed and remanded. The 9th concluded forcible medication to restore competency involves severe personal liberty interests cognizable in habeas and cannot be remedied after trial. The exceptions to Younger abstention were met. Dissenting, Rawlinson would find this is not a core habeas issue.

Congrats to AFPD Oliver Loewy of the Oregon FPD (Portland).

The decision is here:



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