Mental Health Law Report articles

Recent articles from Mental Health Law Report

Parental victory.(Slants and Trends)
June 1, 2006... PARENTAL VICTORY. A district court ruling last month in an Individuals with Disabilities Education Improvement Act lawsuit (County School Board of Henrico County, Va., v. R.T., No. 3:04cv 923) may be more significant for parents of special-education children than last year's U.S. Supreme...

Suits against administrators allowed for limiting services under Medicaid.
June 1, 2006... Pediatric Specialty Care v. Arkansas Department of Human Services, April 17, 2006 8th U.S. Circuit Court of Appeals 443 F.3d 1005, No. 05-1668 Saving money at the expense of the best interests of needy children clearly violated the Medicaid Act, a three-judge panel ruled,...

When mental health evidence manifests itself after trial, a new trial is logical.
June 1, 2006... Orndorff v. Commonwealth, April 21, 2006 Supreme Court of Virginia 628 S.E.2d 344, Record No. 051478 A defense team cannot be penalized for seeking another trial based on new mental health evidence if its experts failed to identify the evidence in the initial trial, this ruling...

Presence of mental disorder undisputed but conduct cited in affirming sentence.
June 1, 2006... People v. Thompson, April 10, 2006 Supreme Court of Illinois Docket No. 97373 The court upheld the death penalty of a 63-year-old man with a documented mental disorder, noting that his behavior throughout his arrest and crime suggested a continuing threat. Only the dissenting...

Man who egged on his death sentence automatically demonstrated mitigation.
June 1, 2006... State v. Barton, April 5, 2006 Supreme Court of Ohio 844 N.E.2d 307, No. 2003-2036 The court rejected a death row inmate's appeal, finding that he presented mitigating evidence when he made statements in support of his being put to death. At the penalty phase of his trial,...