Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re R.W.

July 24, 2002

IN RE R.W.
(THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
R.W., RESPONDENT-APPELLANT).



Appeal from the Circuit Court of Randolph County. No. 01-MH-20 Honorable Jerry D. Flynn, Judge, presiding.

The opinion of the court was delivered by: Justice Goldenhersh

Amended and released for publication August 14, 2002.

IN RE R.W.
(THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
R.W., RESPONDENT-APPELLANT).

Appeal from the Circuit Court of Randolph County. No. 01-MH-20 Honorable Jerry D. Flynn, Judge, presiding.

Attorneys for Appellant Jeff M. Plesko, Director, Penelope S. Karnes, Staff Attorney, Legal Advocacy Service, Guardianship and Advocacy Commission, #7 Cottage Drive, Anna, IL 62906

Attorneys for Appellee Hon. Darrell Williamson, State's Attorney, Randolph County Courthouse, Chester, IL 62223; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Route 15 East, P.O. Box 2249, Mt. Vernon, IL 62864

The opinion of the court was delivered by: Justice Goldenhersh

PUBLISH

R.W. (respondent) appeals from an order of the circuit court of Randolph County authorizing the involuntary administration of psychotropic medications, as well as the performance of certain testing and other procedures for a period of 90 days pursuant to the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/1-100 et seq. (West 2000)). On appeal, respondent raises the following issues regarding his right to a fair trial: (1) whether the court failed to define "clear and convincing evidence," (2) whether the trial judge submitted a verdict form that failed to specify medications, dosages, and who could administer medications, (3) whether the instructions failed to address an amendment to the Code, and (4) whether he was improperly denied his right to a court-appointed examiner. We affirm.

I. FACTS

A petition for the administration of authorized involuntary treatment was filed against respondent by the Chester Mental Health Center. In the petition, the State sought the authority to administer olanzapine or risperidone. In the alternative, the State sought to administer Haldol or decanoate. Finally, the State sought to administer Benztropine-Cogentin for side effects. The petition also sought authorization for certain forms of testing. Respondent requested a jury trial, and the matter was continued to a jury docket. On the date the jury selection was to begin, respondent informed the court that he previously had only minimal contact with his court-appointed attorney and had been uncertain when he could request an independent examiner. Respondent stated that he had contacted a private examiner in Chicago but that no arrangements had been made. Respondent indicated he would be willing to be examined that afternoon. The court denied respondent's motion and the hearing was held.

Dr. Gesmundo, a treating psychiatrist, was called as the sole witness for the State. Dr. Gesmundo diagnosed respondent as schizophrenic and described him as suspicious, paranoid, delusional, uncooperative, agitated, and aggressive. Dr. Gesmundo testified that when respondent was taking medication, he was more cooperative and manageable. According to Dr. Gesmundo, respondent made threats and attacks after he stopped taking medications. Dr. Gesmundo described the proposed treatment:

"MR. BURKE [Assistant State's Attorney]: Doctor, in your opinion[,] based on a reasonable degree of psychiatric certainty, would psychotropic medication be beneficial for [respondent] at this time?

DR. GESMUNDO: I would like to try him on olanzapine or Zyprexa and[/]or Risperdal again.

Q. And in what dosages would you like to try him?

A. I would like to try him as much to [sic] a size twenty milligrams of olanzapine or Zyprexa or a size six milligrams of risperidone.

Q. Are there any other medications you would like to be able to give him at this time?

A. If he refuses because this [sic] medications are only available in oral forms, tablet forms[,] or concentrate forms[-][t]hey're not available [in] injection form-I would like to try him on [the] Haldol shot whenever [he] refuses to take this olanzapine or Zyprexa or risperidone.

Q. And are there any medications you would like to be able to give him to deal with side effects ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.