CourtListener 10337503•Peo in Interest of Carr
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24CA2167 Peo in Interest of Carr 02-20-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA2167
Pueblo County District Court No. 24MH30035
Honorable Timothy O’Shea, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Michael Allen Carr,
Respondent-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE TOW
Dunn and Meirink, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced February 20, 2025
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 Respondent, Michael Allen Carr, appeals the district court’s
order authorizing the involuntary administration of four
antipsychotic medications — olanzapine (Zyprexa), haloperidol
(Haldol), clozapine (Clozaril), and paliperidone (Invega) — and two
mood-stabilizing medications — divalproex sodium (Depakote) and
lithium. We affirm the order.
I. Background
¶2 Carr was admitted to the Colorado Mental Health Hospital in
Pueblo (CMHHIP) after being found incompetent to proceed to trial
on criminal charges. This was not his first mental health
admission. Carr had been previously admitted to CMHHIP in 2019
and 2020 and to the Colorado Mental Health Hospital in Fort Logan
in 2023. Each time, he required involuntary treatment due to his
physical aggression and refusal to eat or drink, causing serious
weight loss. And each time Carr was released, he discontinued his
medications.
¶3 In June 2024, the district court entered an order permitting
the involuntary administration of Zyprexa, Haldol, Depakote, and
an antianxiety medication for six months. In December 2024, the
People requested a new involuntary treatment order.
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¶4 Carr and Dr. Elisabeth Cheney, Carr’s treating physician, both
testified at the hearing on the December petition. Dr. Cheney
testified about each of the four elements required for involuntary
administration of medication under People v. Medina, 705 P.2d 961,
973 (Colo. 1985). She explained Carr’s need for the requested
medications as follows:
• Carr was diagnosed with “schizoaffective disorder bipolar
type,” a substantial disorder that grossly impairs
judgment or capacity to recognize reality or to control
behavior.
• Zyprexa, Haldol, and Depakote were not treating Carr’s
symptoms successfully — he is “still substantially
delusional and thought disordered.”
• Carr’s symptoms had become increasingly resistant to
treatment due to his frequent discontinuation of
medication.
• To manage Carr’s symptoms and to address his side
effects from Haldol (involuntary mouth movements) and
Depakote (sedation), Dr. Cheney plans to taper down his
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current medications and begin treating him with Clozaril,
Invega, and lithium, as necessary.
¶5 Carr testified that he would not take any of the requested
medications without a court order. He complained of the following
existing side effects: drooling, jaw movements, sedation, weight
gain, erectile dysfunction, and inability to focus. And he alleged
that Invega had also caused poor sleep and headaches when he
took it in the past. He wished to be treated with Strattera (an
Attention Deficit Hyperactivity Disorder (ADHD) treatment) and
perhaps a low dose of Seroquel (an antipsychotic) instead.
¶6 At the conclusion of the testimony, the district court found Dr.
Cheney’s opinions to be credible and persuasive and adopted them.
It found that each of the Medina elements had been established by
clear and convincing evidence, and it issued an order authorizing
CMHHIP staff to involuntarily administer all of the requested
medications for a period of six months.
¶7 On appeal, Carr challenges the sufficiency of the evidence
supporting the court’s order.
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II. Legal Authority and Standard of Review
¶8 A district court may authorize the involuntary administration
of medication to a patient only if the People establish each of the
following Medina elements by clear and convincing evidence: (1) the
patient is incompetent to participate effectively in the treatment
decision; (2) treatment by medication is necessary either to prevent
a significant and likely long-term deterioration in the patient’s
mental condition or to prevent the likelihood of the patient causing
serious harm to himself or others in the institution; (3) a less
intrusive treatment alternative is not available; and (4) the patient’s
need for treatment with medication is sufficiently compelling to
override his bona fide and legitimate interest in refusing
medication. Id.; see People in Interest of Strodtman, 293 P.3d 123,
131 (Colo. App. 2011). A physician’s testimony alone may
constitute clear and convincing evidence. See People v. Pflugbeil,
834 P.2d 843, 846-47 (Colo. App. 1992).
¶9 When, as here, a patient challenges the sufficiency of the
evidence supporting the district court’s findings on any of these
elements, we review the court’s conclusions of law de novo and
defer to its findings of fact if supported by evidence in the record.
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People v. Marquardt, 2016 CO 4, ¶ 8. We view the record as a whole
and in the light most favorable to the People, and we defer to the
fact finder to resolve any conflicts in the testimony and determine
the credibility of witnesses. See People in Interest of Ramsey, 2023
COA 95, ¶ 23; see also Strodtman, 293 P.3d at 130.
III. Analysis
¶ 10 Carr challenges the sufficiency of the evidence only for the first
and fourth Medina elements. He argues that the People failed to
demonstrate (1) that he was incompetent to effectively participate in
treatment decisions or (2) a sufficiently compelling need to override
his interest in avoiding side effects from the requested medications.
See Medina, 705 P.2d at 973-74. We conclude that Dr. Cheney’s
testimony provides ample support for the court’s ultimate findings
on these elements.
A. First Medina Element
¶ 11 A patient is incompetent to participate effectively in treatment
decisions when his “mental illness has so impaired his judgment as
to render him ‘incapable of participating in decisions affecting his
health.’” Id. at 973 (citation omitted).
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¶ 12 The district court found that Carr has limited insight into his
mental illness because he wrongly attributes his symptoms to
ADHD and is thus incapable of making informed treatment
decisions. Dr. Cheney testified to that fact, and she also testified
that Carr does not believe he has a psychotic illness and will not
choose to take antipsychotic or mood-stabilizing medications if they
are not court ordered. She opined that ADHD could not cause
Carr’s symptoms, which include paranoia, delusions, auditory
hallucinations, disorganized thinking, irritability, and intermittent
threatening and aggressive behavior. Thus, Carr’s desired
medications — Strattera and even a high dose of Seroquel — would
not treat his illness and could worsen it. Carr’s testimony
corroborated Dr. Cheney’s. Although he acknowledged that he has
schizophrenia, he described the symptoms of this illness only as
“scattered thoughts.” And he confirmed that Strattera is the only
medication he thinks he needs, demonstrating that he lacks insight
into his schizoaffective bipolar type illness.
¶ 13 Accepting Dr. Cheney’s testimony as credible, as we must, and
viewing the record in the light most favorable to the People, we
conclude that the record amply supports the court’s finding that
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Carr’s limited insight into his illness renders him incompetent to
participate effectively in his treatment decisions. See Ramsey, ¶ 23.
B. Fourth Medina Element
¶ 14 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
determine (1) “whether the patient’s refusal is bona fide and
legitimate” and, if so, (2) “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.
¶ 15 The district court answered both questions, finding that Carr’s
(1) preference for ineffective medications was not a bona fide and
legitimate reason to refuse the requested medications and
(2) prognosis without medications was so unfavorable that his
personal preference must yield. Carr challenges only the court’s
first finding. We agree that the record does not support the court’s
first finding, but we nonetheless conclude that sufficient evidence
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supports this Medina element because the record establishes that
Carr’s prognosis without treatment is very unfavorable.
¶ 16 As to the first finding, Carr told the district court that he
wished to refuse treatment because he did not like numerous side
effects caused by the requested medications. There was no
evidence that the side effects complained of were falsely alleged,
insignificant, improperly attributed to the medications, or effectively
managed. To the contrary, Dr. Cheney testified that because Haldol
and Depakote cause actual and significant side effects, she planned
to taper down those medications and begin treating Carr with
medications posing a lower risk of those adverse effects. Bona fide
and significant adverse effects can constitute a legitimate reason to
refuse medication. See People in Interest of Uwayezuk, 2023 COA
69, ¶ 62. The record establishes a bona fide and legitimate reason
for Carr’s refusal.
¶ 17 However, we discern ample record support for the court’s
second finding that Carr’s prognosis without medication is so
unfavorable that his personal preference must yield to the state’s
legitimate interests in preserving his health and protecting the
safety of those in CMHHIP. Dr. Cheney’s affidavit and testimony
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demonstrated that without treatment, Carr’s mental illness
presents a significant risk to his health. He has refused food and
water, believing it to be poisoned. Dr. Cheney also testified that
without medication, Carr “becomes quite out of control, agitated,
and violent due to his psychosis and disorganized thinking,
delusions, and auditory hallucinations.” And even on medication,
he recently threw objects at staff members.
¶ 18 Viewing this record in the light most favorable to the People,
we perceive clear and convincing evidence of a compelling need for
the involuntary administration of medications. See Ramsey, ¶ 23;
Pflugbeil, 834 P.2d at 846-47. We conclude that the record amply
supports the district court’s findings regarding the fourth Medina
element.
IV. Disposition
¶ 19 The order is affirmed.
JUDGE DUNN and JUDGE MEIRINK concur.
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