Loughner's attorneys file more appeals - CBS 5 - KPHO


Loughner's attorneys file more appeals

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Jared Loughner Jared Loughner

Attorneys for suspected Tucson shooter Jared Loughner filed appeals on two issues before the U.S. 9th Circuit Court of Appeals.

The filing argues that Loughner should have been afforded a "post-deprivation" hearing in open court after the second medication, because he had been deprived of certain rights and whether due process entitles Loughner a prompt post-deprivation hearing after the government starts forcibly administering anti-psychotic drugs on the basis of a claimed emergency.

The second part of the appeal is whether the hearing must be held by a court of law and include certain procedural safeguards.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including U.S. Rep. Gabrielle Giffords. The 23-year-old is being forcibly medicated at a Missouri prison facility in an effort to make him mentally ready for trial.

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