In re Det. of Morgan (Majority and Dissent)
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In 2008, Clinton Morgan was awaiting a civil commitment trial to determine if he was likely to engage in predatory acts of sexual violence if not confined to a secure facility. Defense counsel became concerned that Morgan (who had been diagnosed with schizophrenia) was exhibiting psychotic symptoms. Morgan's counsel requested a competency determination and sought an order for involuntary medication to control Morgan's delusions during trial. The trial judge determined that Morgan was incompetent, appointed a guardian ad litem to represent his interests, and ordered involuntary medication. His trial followed, and the jury unanimously found him to be a sexually violent predator. He was confined in the Special Commitment Center. Morgan appealed, arguing that he had due process rights to be competent during a sexually violent predator trial and arguing that a pretrial in-chambers conference violated his right to a public trial. Finding no grounds to disturb the trial court's decision, the Supreme Court affirmed his commitment.
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