Mental Health Law Report articles from August 2005

Mental Health Law Report archives from August 2005

Indiana's planned execution.(Slants & Trends)
August 1, 2005... INDIANA'S PLANNED EXECUTION Aug. 31 of a man with a documented history of mental illness--including delusions he harbored at the time of the crime that never left him--opens the possibility of action on either the federal or state level. (At...

The initial impact.(Brief Article)
August 1, 2005... THE INITIAL IMPACT of the Supreme Court's convoluted ruling in States v. Booker, 125 S.Ct. 738, 756 (2005) in mental health cases can be found in U.S. v. Brady (see story, p. 78) and U.S. v. Prochner (see brief, p. 79). Booker gave judges some...

Harper inquiry should come before sell when weighing involuntary medication.
August 1, 2005... U.S. v. Morrison, July 19, 2005 10th U.S. Circuit Court of Appeals 415 F.3d 1180, No. 04-4174 A court must determine whether involuntary medication is appropriate to ensure safety before determining whether involuntary medication...

Suicide attempt implies mental illness, might vitiate 'specific intent' defense.
August 1, 2005... Keats v. State, July 20, 2005 Supreme Court of Wyoming 115 P.3d 1110, No. 04-171 A defense argument that a man's crime of arson was for the purpose of committing suicide implies a mental health defense and would benefit from an...

Indiana death penalty case has hinged on limited Supreme Court precedent.
August 1, 2005... Baird v. State, July 19, 2005 Supreme Court of Indiana 831 N.E.2d 109, No. 54S00-0505-SD-240 Baird v. State, Aug. 25, 2005 No. 54S00-0505-SD-240 An Indiana death row inmate is scheduled for execution Aug. 31 despite clear...

Distinguishing competency claims helps petitioners make their cases.
August 1, 2005... Battle v. U.S., July 6, 2005/revised Aug. 10, 2005 11th U.S. Circuit Court of Appeals No. 03-14908, 01-02620 CV-1-ODE Defendants would do well to clearly identify their procedural due process competency claims separately from their...

Court splits on right to confidentiality in cases involving allegation of abuse.
August 1, 2005... Johnson v. Rogers Memorial Hospital, July 8, 2005 Supreme Court of Wisconsin 2005 WI 114, No. 2003AP784 & 2003AP1413 A therapist-patient privilege exists when the patient has a "reasonable expectation" that it exists, but there is...

Ruling: do mental health facilities bear special discrimination in zoning laws?
August 1, 2005... Wisconsin Community Services v. City of Milwaukee, June 29, 2005 7th U.S. Circuit Court of Appeals 413 F.3d 642, No. 04-1966 A three-judge panel split on whether a municipality must provide special accommodations to mental...

Crime entitled to downward departure must have clear link to mental illness.
August 1, 2005... U.S. v. Brady, July 22, 2005 2nd U.S. Circuit Court of Appeals Docket No. 04-729-cr A difficult background that demonstrates a defendant's vulnerability to abuse is not enough to make her less culpable without proof that a mental...

Sex offender treatment.(Case Briefs)(Brief Article)
August 1, 2005... U.S. v. Prochner, July 22, 2005 1st U.S. Circuit Court of Appeals No. 04-1309 The court upheld a district court's special condition that a defendant convicted of credit card fraud participate in a sex offender treatment program...

Duty to protect.(Brief Article)
August 1, 2005... Eves v. Anaconda-Deer Lodge County, June 21, 2005 Supreme Court of Montana 2005 MT 157, No. 04-764 A county did not have the duty to protect from harm a voluntarily committed mental health patient because the county had no "special...

Ineffective assistance of counsel.(Case Briefs)(Brief Article)
August 1, 2005... U.S. v. Ringer, July 18, 2005 10th U.S. Circuit Court of Appeals Unpublished, No. 03-5148 The court overturned a district court's refusal to hold an evidentiary hearing for a man with a long history of mental illness. The...

Ineffective assistance of counsel.(Brief Article)
August 1, 2005... Johnson v. State, June 30, 2005 Supreme Court of North Dakota 700 N.W.2d 723, Nos. 20050028CA & -0029CA A defendant does not have an automatic right to a second psychological evaluation without demonstrating that it might help his...

Involuntary medication.(Case Briefs)
August 1, 2005... In Re D.A./North Dakota State Hospital v. D.A., June 22, 2005 Supreme Court of North Dakota 2005 ND 116, No. 20050174 A trial court must specify the medication to be administered when ordering involuntary medication, at least...

Involuntary commitment.(Brief Article)
August 1, 2005... In Re C.H.; Pryatel v. C.H., July 13, 2005 Supreme Court of North Dakota 699 N.W.2d 849, No. 20050209 The court upheld a district court's finding that a man was eligible for involuntary commitment even though the man insisted his...

Attorney suspension.(Case Briefs)
August 1, 2005... In Re Reinstatement of Rhoads, June 28, 2005 Supreme Court of Oklahoma 2005 OK 53, SCBD No. 4975 The court reinstated a lawyer to the Oklahoma Bar Association who was suspended after pleading no contest to illegally pointing and...