Instead, a battle over whether the Tremonton man can be forcibly medicated so that he becomes mentally competent to stand trial is still raging. On Friday, the dispute went before a panel of the 10th U.S. Court of Appeals, which met in special session in Salt Lake City.

Defense attorney Benjamin Hamilton said forcing Morrison to take anti-psychotic drugs affects his right against self-incrimination, as well as his physical well-being.

"Mr. Morrison has a Fifth Amendment right to refuse medication," Hamilton said, adding, "He wants to get this done, but at the same time, he wants to preserve his right not to take medication he believes is harmful."

But Mark Vincent, an assistant U.S. attorney, said the government has an interest in protecting potential victims from Morrison.

He also disputes that Morrison has already served his likely sentence, pointing out that the punishment could be increased based on aggravating factors or he could be held longer if determined to be a danger to the community.

Morrison was arrested in February 2003 after allegedly threatening to kill Gordon B. Hinckley, president of The Church of Jesus Christ of Latter-day Saints, in posts to Internet chat rooms. In addition, the 59-year-old - who has said he believes Jesus speaks to him - is accused of making similar threats against the church's governing First Presidency and members of the Quorum of the Twelve Apostles.

After he was determined to be mentally incompetent, Morrison was sent to the Medical Center for Federal Prisoners in Springfield, Mo., for treatment. Mental health experts there believe he is delusional and suffering from paranoid schizophrenia and put him on anti-psychotic medication.

The 10th Circuit took the case under advisement and will issue a ruling later.

pmanson@sltrib.com