(Download) "Tran Van Khiem v. United States" by District of Columbia Court of Appeals. " Book PDF Kindle ePub Free
eBook details
- Title: Tran Van Khiem v. United States
- Author : District of Columbia Court of Appeals.
- Release Date : January 20, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
SCHWELB, Associate Judge: Appellant Tran Van Khiem (Khiem) was charged in 1986 with the premeditated murder of his parents.
He was found incompetent to stand trial and is presently detained at Saint Elizabeths Hospital (the hospital). He now appeals
from an order of the trial court directing that he be treated, over his objection, with psychotropic drugs. The primary purpose
of the proposed treatment would be to render Khiem competent to stand trial. Khiem contends that the administration of these drugs to him without his consent would abrogate his common law right to bodily
integrity, as well as his statutory rights under the Health Care Decisions Act of 1988 (HCDA), D.C. Code § 22-2201
et seq. (1989). He also claims that the standards and procedures utilized by the hospital and by the trial Judge in ordering
treatment run afoul of the Due Process Clause of the Fifth Amendment. We hold that the trial court made a reasonable accommodation
between Khiem's liberty interest and the government's interest in bringing him to trial, that the HCDA is inapplicable, and
that the procedures utilized below satisfied applicable constitutional standards. Accordingly, we affirm.