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Perry v. Louisiana

Perry v. Louisiana
Seal of the United States Supreme Court.svg
Argued October 2, 1990
Decided November 13, 1990
Full case name Michael Owen Perry v. State of Louisiana
Citations 498 U.S. 38 (more)
Prior history Certiorari to the 19th Judicial District Court of Louisiana
Subsequent history Remanded to the 19th Judicial District Court of Louisiana
Holding
The forcible medication of individuals to render them competent to be executed is impermissible.
Court membership
Case opinions
Per curiam.
Souter took no part in the consideration or decision of the case.

Perry v. Louisiana, 498 U.S. 38 (1990), was a United States Supreme Court case over the legality of the forcibly medicating a death row inmate with a mental disorder in order to render him competent to be executed.

Michael Owen Perry murdered five people, including his parents and infant nephew, at and around his parent's home in Louisiana. Following the murders, he fled the state, leaving behind a list of five other intended targets, including Justice Sandra Day O'Connor and musician Olivia Newton-John. He was ultimately arrested at a hotel in Washington D.C., apparently on his way to kill O'Connor.

A jury convicted him of the five murders and sentenced him to the death penalty. After his sentencing the trial court found that his competence to be executed depended on his taking psychiatric medication and ordered that he be forcibly medicated to be sure he remained competent. Ford v. Wainwright (1986) had already established that an insane inmate cannot be executed.

In a per curiam decision, the Court vacated the lower court's ruling without issuing an opinion. The case was remanded to the Louisiana Supreme Court for further deliberation in view of Washington v. Harper (1990), also a case involving involuntary medication, which had been decided after the District Court's ruling.


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