James
B. Gottstein, Esq.
(907)
274-7686
Attorney for Appellant
IN THE SUPREME
COURT FOR THE STATE OF
FAITH J. MYERS, )
Appellant, ) Supreme Court No. S-11021
)
vs. )
)
Appellee. )
_________________________________)
Trial Court Case No. 3AN
03-00277 PR
POINTS
ON APPEAL
Appellant hereby submits as her points on appeal that the
Superior Court erred by:
1. Misallocating
the burden of proof, by requiring Appellant to prove that she clearly had the
capacity to participate in treatment decisions by a rational thought process,
when, under applicable law, the Appellant had the burden to prove Appellant
incompetent to do so by clear and convincing evidence;
2. Finding that
the Appellant was incompetent to make the decision to accept or decline medication.
3. Ruling that
the Appellant could medicate Appellant against her will without proving it was
in her best interests, and without due consideration of Appellant's
Constitutional Rights; and
4.
Holding that Appellant did not have to satisfy the
reliability standards for expert testimony under State v. Coon, 974 P.2d 386 (
Dated this 14th day of April 2003 at
LAW OFFICES OF JAMES B.
GOTTSTEIN
By: __________________________
James B. Gottstein, Esq.