CourtListener 10377192•Peo in Interest of Duran
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24CA1388 Peo in Interest of Duran 10-24-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1388
Pueblo County District Court No. 24MH30050
Honorable Timothy O’Shea, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Joseph Louis Duran,
Respondent-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DUNN
Navarro and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 24, 2024
Cynthia Mitchell, County Attorney, Kate H. Shafer, Special Assistant County
Attorney, Pueblo, Colorado, for Petitioner-Appellee
Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant
¶1 Joseph Louis Duran appeals the district court’s order
authorizing the involuntary administration of antipsychotic and
mood-stabilizing medications. We affirm.
I. Background
¶2 Duran was committed to Colorado Mental Health Hospital in
Pueblo (CMHHIP) after being found incompetent to proceed in a
criminal case. He was diagnosed with bipolar disorder and
presented as “hyper-verbal, grandiose, persistently irritable, and
preoccupied with non-bizarre, persecutory delusional beliefs
surrounding his involvement with the legal and medical systems.”
¶3 At the request of CMHHIP staff psychiatrist Dr. Martin Ahern,
the People petitioned the district court to authorize the involuntary
administration of (1) Zyprexa, an antipsychotic; (2) Haldol, another
antipsychotic; (3) Depakote, a mood stabilizer; and (4) Vistaril, a
medication for agitation and anxiety.
¶4 The district court held an evidentiary hearing at which Dr.
Ahern and Duran testified. Dr. Ahern explained Duran’s bipolar
disorder and accompanying symptoms. And he described the four
requested medications, their side effects, and their necessity in
treating Duran’s symptoms.
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¶5 Duran denied having a mental condition.
¶6 Finding that Dr. Ahern testified “credibly and persuasively,”
the court granted the petition and entered an order authorizing the
involuntary administration of the requested medications.
II. Legal Principles and Standard of Review
¶7 An involuntarily committed person retains the right to refuse
treatment. See People v. Medina, 705 P.2d 961, 971 (Colo. 1985).
Even so, a court may authorize the involuntary administration of
medication if the People prove the following elements by clear and
convincing evidence:
(1) the person is incompetent to effectively participate in the
treatment decision;
(2) the treatment is necessary to prevent a significant and
likely long-term deterioration in the person’s mental condition
or to prevent the likelihood of the person causing serious harm
to himself or others in the institution;
(3) a less intrusive treatment alternative is not available; and
(4) the person’s need for treatment is sufficiently compelling to
override his bona fide and legitimate interest in refusing
treatment.
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Id. at 973.1 We determine whether the evidence, viewed as a whole
and in the light most favorable to the prevailing party, is sufficient
to support the court’s order. People in Interest of R.K.L., 2016 COA
84, ¶ 13. A physician’s testimony alone may be sufficient to satisfy
the Medina test. Id. at ¶ 30.
¶8 Applying the Medina test presents a mixed question of fact and
law, meaning we defer to the district court’s factual findings if
supported by the record but review its legal conclusions de novo.
People in Interest of R.C., 2019 COA 99M, ¶ 7. It’s for the district
court, as the fact finder, to determine witness credibility; the
sufficiency, probative effect, and weight of the evidence; and the
inferences and conclusions to be drawn from it. Id.
III. Discussion
¶9 Duran doesn’t contest the district court’s findings on the first
and third Medina elements. But he contends that the People didn’t
1 A different test applies to petitions to administer involuntary
medication solely to restore competency. Sell v. United States, 539
U.S. 166, 180-81 (2003). But the parties don’t dispute that People
v. Medina, 705 P.2d 961 (Colo. 1985), applies here because the
purpose of the medications is to prevent a significant and long-term
deterioration in Duran’s mental condition. See Sell, 539 U.S. at
181-83.
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present sufficient evidence to prove the second and fourth Medina
elements. We disagree.
A. The Second Medina Element
¶ 10 The second Medina element may be satisfied by showing either
a significant and likely long-term deterioration or the likelihood of
serious harm to self or others in the institution. Medina, 705 P.2d
at 973. The court here found that the recommended treatment is
necessary “to prevent a significant and long-term deterioration” in
Duran’s mental condition (not that Duran was a threat to himself or
others).
¶ 11 On this point, the court expressly credited and adopted Dr.
Ahern’s testimony. Dr. Ahern opined that, without the requested
medications, there would be a significant and likely long-term
deterioration in Duran’s mental condition. He explained that Duran
had been given antipsychotic and mood-stabilizing medications on
an emergency basis, and during that time, Duran’s condition
demonstrably improved. In particular, Duran was “more pleasant”
and “cooperative,” “less paranoid” and “verbose,” and “generally in
much more control of his behavior.” But when the emergency
medication period ended, Duran refused to continue taking the
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medications voluntarily, and his condition promptly deteriorated.
Duran once again became “disruptive, loud, argumentative, [and]
provocative to other patients,” and he showed “poor impulse
control” and “more paranoia” and “mood symptoms.” Given the
“short window of seeing improvement on medication and prompt
deterioration” after stopping medication, Dr. Ahern expected to see
“a prolonged impairment in [Duran’s] ability to function as a result
of not being medicated.”
¶ 12 Duran admits that his condition improves while medicated but
nevertheless asserts that Dr. Ahern’s testimony regarding the “short
window” and “prompt deterioration” doesn’t support a finding of
long-term deterioration as required by Medina. In support, Duran
points out that he has been hospitalized three times since 1995 but
that he went decades between hospitalizations. He says this
establishes a “history of maintaining his independence without
medication.”
¶ 13 But Dr. Ahern opined that, without medication, Duran’s
“mental state would continue to deteriorate or would remain in this
impaired and symptomatic state.” And Dr. Ahern explained that
bipolar disorder is “a chronic condition that requires maintenance
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medication” to prevent periods of mania and depression. To the
extent Duran asks us to second-guess witness credibility or draw
different inferences from the testimony, we won’t do that. See R.C.,
¶ 7.
¶ 14 Thus, we conclude that sufficient evidence supports the
district court’s finding that the requested medications are necessary
to prevent a significant and likely long-term deterioration in
Duran’s mental condition.
B. The Fourth Medina Element
¶ 15 In assessing the fourth Medina element — whether the
patient’s need for treatment is sufficiently compelling to override
any legitimate interest in refusing treatment — a court must
consider “whether the patient’s refusal is bona fide and legitimate”
and, if it is, “whether the prognosis without treatment is so
unfavorable that the patient’s personal preference must yield to the
legitimate interests of the state in preserving the life and health of
the patient placed in its charge and in protecting the safety of those
in the institution.” Medina, 705 P.2d at 974.
¶ 16 Duran asserts that the state’s interest in treating him is
insufficient to overcome his bona fide and legitimate interest in
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avoiding severe side effects by refusing treatment. More specifically,
he claims Dr. Ahern testified that he exhibited such side effects in
the form of tremors and that he has several underlying chronic
medical conditions.
¶ 17 We acknowledge Duran’s legitimate concern regarding
potentially harmful side effects, particularly considering his other
medical conditions. But Dr. Ahern testified that Duran didn’t
report or display “any sort of tremors while taking the medication.”
Instead, Duran exhibited “an arm tremor and head bobbing after
cessation of the medications.” (Emphasis added.) As a result, Dr.
Ahern couldn’t say whether these symptoms resulted from the
medications or “another medical process.”
¶ 18 Beyond that, Dr. Ahern testified that Duran’s providers had
consulted the medical team, would closely monitor Duran’s physical
and mental conditions, and would adjust or prescribe medications
for any side effects he might experience. And Dr. Ahern explained
that (1) the need to treat Duran with the medications outweighed
the risk of side effects, even considering his other medical
conditions; (2) no alternative treatment would be both as effective
and less intrusive than the medications; (3) without the
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medications, there would be a significant and likely long-term
deterioration in Duran’s mental condition; and (4) when given the
medications on an emergency basis, his condition improved.
¶ 19 We therefore conclude that sufficient evidence supports the
district court’s finding that the need to treat Duran’s mental
condition is sufficiently compelling to override his bona fide and
legitimate interest in refusing treatment.
IV. Disposition
¶ 20 We affirm the order.
JUDGE NAVARRO and JUDGE GOMEZ concur.
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