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Attorney for Faith J. Myers, Respondent

 

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT, AT ANCHORAGE

In The Matter of the Hospitalization       )

                                                            )

                                                of         )

                                                            )

FAITH J. MYERS                               )          

                                                            )           Case No. 3AN 03-277 P/S

 

MEMORANDUM RE: POST-HEARING MOTIONS

 

            Respondent has made the following post hearing motions:

1.      Resume the Hearing to Allow Respondent to Put on Her Evidence.

2.      Delay Effectiveness of Any Forced Medication Order to Allow Time to File a Petition for Review and to Seek a Stay.

3.      Reconsideration of the Court's decision granting the Petition for Commitment.

No. 1, Resume the Hearing to Allow Respondent to Put on Her Evidence, has already been dealt with and Respondent, by and through her counsel, hereby withdraws No. 3,  Reconsideration of the Court's decision granting the Petition for Commitment.

With respect to No. 2, Delay Effectiveness of Any Forced Medication Order to Allow Time to File a Petition for Review[1] and to Seek a Stay, Respondent hereby offers the following.  In the event that the Forced Medication Petition is granted, counsel would like the opportunity to consult with his client to discuss the implications of the decision and determine whether to seek a stay from the Alaska Supreme Court.  Dr. Mosher essentially testified that there would be no harm to Respondent from a delay in medication and considerable evidence was presented that the medication could cause irreparable harm to Respondent.  The state testified that a delay would harm the Respondent, but there was no scientifically valid evidence under Daubert, Kumho Tire and Coon (See Motion in Limine) introduced that supports such a statement. 

In light of these circumstances, Respondent respectfully requests this court to stay the effectiveness of the stay for seven days to allow Respondent to determine whether or not to seek a stay from the Alaska Supreme Court.  If the Respondent files such a stay request, Respondent requests that the stay remain in effect until the Supreme Court rules on the stay request filed with it.  An order to this effect is lodged herewith.

            RESPECTFULLY SUBMITTED this 12th day of March, 2003.

 

                                                            Law Offices of James B. Gottstein

 

 

 

                                                            By:                                                                              

                                                                        James B. Gottstein

                                                                        ABA # 7811100



[1] As noted at the hearing, counsel believes it would actually be an appeal, not a Petition for Review.