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Sell v. U.S. March 3, 2003 (02-5664) return to case listing Case Summary Petitioner was charged with mail fraud, Medicaid fraud and money-laundering. Petitioner's mental state deteriorated such that he was incompetent to stand trial. The federal district court held that the government's interest in restoring the Petitioner's mental status so that he was competent to stand trial warranted his forcible medication with antipsychotic drugs. On appeal, Petitioner argued that his right to a fair trial under the Fifth and Sixth Amendments and his First Amendment rights would be violated if he were medicated against his will. The Eighth Circuit affirmed the district court, holding that because the government has an essential interest in bringing a defendant to trial, a criminal defendant may be compelled to take anti-psychotic medication in order to become competent. The opinion of the Eighth Circuit is found at 282 F.3d 560. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Affirm 5-4 to Reverse 6-3 to Affirm n/a 6-3 to Reverse VOTING TO REVERSE Stevens Souter Ginsburg Breyer Stevens Kennedy Souter Ginsburg Breyer Stevens Kennedy Souter Rehnquist Stevens Kennedy Souter Ginsburg Breyer VOTING TO AFFIRM Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Thomas Rehnquist O'Connor Scalia Thomas Ginsburg Breyer O'Connor Scalia Thomas return to case listing