Mental Health Law Report articles from August 2004

Mental Health Law Report archives from August 2004

Ake breaky.(Slants & Trends)(Brief Article)
August 1, 2004... AKE BREAKY. The Sixth Amendment right to counsel representation probably seemed easy enough at first, until there were enough incompetent or sleepy lawyers to warrant a clarification that counsel had to provide effective assistance. After the...

6th Circuit splits on interpreting Ake, flouting the circuit's previous ruling.
August 1, 2004... Smith v. Mitchell No. 00-4030 6th U.S. Circuit Court of Appeals Defendants cannot claim a violation of their right to expert witnesses if the defendants do not continue seeking an insanity defense, a split three-judge panel ruled. It...

Disability benefits.(Brief Article)
August 1, 2004... McDonald v. Western-Southern Life Insurance Co. No. 02-3053 6th U.S. Circuit Court of Appeals An insurance company's decision to end disability benefits was suspect because it relied on an expert's report that was altered after the company...

Protecting patient constitutional rights does not end by closing state hospital.
August 1, 2004... Johnson v. State No. 02-13499, No. 02-14670 11th U.S. Circuit Court of Appeals The state of Florida is constitutionally responsible for patients in its custody, even if it closed a hospital that was the subject of a lawsuit for inadequate...

Use of brain abnormality as a defense does not necessitate expert presence.
August 1, 2004... Commonwealth v. Yancy SJC-08106 Supreme Judicial Court of Massachusetts A convicted killer citing his brain abnormality as a defense did not have ineffective assistance of counsel just because his attorney did not call the expert who found...

ALJ told to consider all evidence in disability determination process.
August 1, 2004... Brueggeman v. Barnhart No. 03-1209 8th U.S. Circuit Court of Appeals An administrative law judge (ALJ) cannot reject disability claims by discrediting the evidence from a treating physician, a three-judge panel ruled. The ALJ did not...

7th Circuit endorses medical necessity of residential treatment for children.
August 1, 2004... Collins v. Hamilton No. 02-3935 7th U.S. Circuit Court of Appeals A three-judge panel upheld a decision to force the state of Indiana to cover psychiatric residential treatment for children, citing a distinction between this less...

Without evidence of a threat of suicide, forceful seizure is seen as unwarranted.
August 1, 2004... Bailey v. Kennedy No. 02-1761, No. 02-1818 4th U.S. Circuit Court of Appeals A three-judge panel denied immunity of police officers who took a teenager out of his parents' home by force and involuntarily committed him solely based on a 911...

Involuntary seizure by private party does not violate Fourth Amendment.
August 1, 2004... Andresen v. Diorio No. 02-1758, No. 02-2279, No. 02-2280 1st U.S. Circuit Court of Appeals A man could not sue his employer under the Fourth Amendment for asking police to have him involuntarily committed because the action did not...

Disclosure called 'manifest injustice,' but justices disagree on how much.(Mental Health Procedures Act)
August 1, 2004... Zane v. Friends Hospital No. 36 EAP 2001 Supreme Court of Pennsylvania The disclosure of confidential mental health records would have a "chilling effect" on treatment, creating a "manifest injustice," the court wrote. The purpose of...

Drug liability.(Case Briefs)(Brief Article)
August 1, 2004... Gray v. Hoffman-La Roche No. 02-7079 10th U.S. Circuit Court of Appeals A three-judge panel rejected an appeal of a case against Hoffman-La Roche, after a jury rejected claims that the drug company was liable for not warning a doctor and...

Expert testimony.(Case Briefs)(Brief Article)
August 1, 2004... Samaniego v. City of Kodiak Supreme Court No. S-10378, No. 5751 Supreme Court of Alaska Testimony on a diagnosis from a mental health examination need not go through a reliability test, the court ruled. Before her trial, Julia...

Downward departure.(Case Briefs)(Brief Article)
August 1, 2004... U.S. v. Bell No. 03-20194 5th U.S. Circuit Court of Appeals The court threw out a conviction because the district court did not make it clear why the defendant was eligible for downward departure. Ruby D. Henry Bell was convicted for...

Medical records privacy.(Case Briefs)(Brief Article)
August 1, 2004... Commonwealth v. Callahan SJC-08862 Supreme Judicial Court of Massachusetts Massachusetts law contains no authority for a judge to order the production of privileged documents for mental health examiners, so that authority must also be...

Mental health evidence.(Case Briefs)
August 1, 2004... Griffin v. Johnson No. 01-36157 9th U.S. Circuit Court of Appeals Defendants on appeal can use "newly presented" mental health evidence, whether or not it is newly discovered, as a basis to prove innocence, the court concluded. But to be...

Competence to enter plea.(Case Briefs)(Brief Article)
August 1, 2004... People v. Barclay, 13666 Supreme Court of New York, Appellate Division, Third Department The county court did not abuse its discretion in accepting a plea agreement from a man with a history of mental illness without first holding a...

Involuntary commitment.(Case Briefs)(Brief Article)
August 1, 2004... Freemonde v. City of New York 2003-00144 Supreme Court of New York, Appellate Division, Second Department The court rejected a man's attempt to recover damages for his involuntary commitment, noting case law that states that an enforceable...

Suicide prevention.(Legislative Update)(Brief Article)
August 1, 2004... SUICIDE PREVENTION--The Senate passed by unanimous consent a bill that would authorize $80 million to help states and organizations develop suicide prevention strategies and fund mental health services in schools, college campuses, juvenile...

Juvenile detention.(Legislative Update)(Brief Article)
August 1, 2004... JUVENILE DETENTION--The Senate Governmental Affairs Committee released the results of a survey of juvenile detention facilities to assess what happens to youth when community mental health services are not available. The results --which came...

Disability bills stalled.(Legislative Update)(Brief Article)
August 1, 2004... DISABILITY BILLS STALLED--With legislation to renew both the Workforce Investment and the Rehabilitation acts continuing to languish in Congress, Republican leaders have called upon Senate Minority Leader Tom Daschle (D-S.D.) to allow the...

Closing argument.(Brief Article)
August 1, 2004... Welcome to "Closing Argument," a regular look at controversy in the world of mental health and disability law. We are looking for behind-the-scenes hullabaloos that result when society clashes with the cherished beliefs of mental health rights...

The Texas Republican Party.(Brief Article)
August 1, 2004... THE TEXAS REPUBLICAN PARTY has gotten the goat of advocates for the Americans with Disabilities Act (ADA) by adopting a platform that calls for excluding certain people--including those with behavior and substance abuse disorders--from ADA...