Law Offices of James
B. Gottstein
Office of Counsel
907-274-7686 phone
907-274-9493 fax
Attorney for Faith J.
Myers, Respondent
IN THE SUPERIOR COURT FOR THE STATE OF
THIRD
JUDICIAL DISTRICT, AT
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.