Mental Health Law Report articles from January 2005

Mental Health Law Report archives from January 2005

Watch closely.(Slants & Trends)(Brief Article)
January 1, 2005... WATCH CLOSELY. The U.S. Supreme Court might have to gear up for another round of cases interpreting the Americans with Disabilities Act (ADA). There are numerous conflicting cases in the lower courts "that are working their way up," said Curt...

Many states.
January 1, 2005... MANY STATES have amended their state laws to reject some of the Supreme Court decisions under the ADA. For example, California has defined a person with a disability as someone who is limited in a major life activity--without being...

Insanity acquittees seeking release must carry heavy burden of proof.(U.S. v. Weed, Nov. 16, 2004 10th U.S. Circuit Court of Appeals 389 F.3d 1060, No. 03-5100)
January 1, 2005... U.S. v. Weed, Nov. 16, 2004 10th U.S. Circuit Court of Appeals 389 F.3d 1060, No. 03-5100 The law that requires people who have been acquitted because of insanity to prove by "clear and convincing evidence" that they should be released...

Kaiser's actions smack of retaliation following ADA settlement, court finds.(Pardi v. Kaiser Permanente Hospital, Nov. 15, 2004 9th U.S. Circuit Court of Appeals 389 F.3d 840, No. 02-16447)
January 1, 2005... Pardi v. Kaiser Permanente Hospital, Nov. 15, 2004 9th U.S. Circuit Court of Appeals 389 F.3d 840, No. 02-16447 Though a settlement agreement after an employee's termination ended claims of discrimination under the Americans with...

Sex offender's involuntary commitment not dependent on particular diagnoses.(In Re Detention of Barnes/State v. Barnes, Nov. 19, 2004 Supreme Court of Iowa 689 N.W.2d 455, No. 125/03-1216)
January 1, 2005... In Re Detention of Barnes/State v. Barnes, Nov. 19, 2004 Supreme Court of Iowa 689 N.W.2d 455, No. 125/03-1216 Due process does not require a sex offender to have a specific condition or diagnosis that causes people in general to commit...

Recipients of involuntary medication deserve benefit of two psychiatrists.(In Re Robert S., Nov. 18, 2004 Supreme Court of Illinois Docket No. 96773)
January 1, 2005... In Re Robert S., Nov. 18, 2004 Supreme Court of Illinois Docket No. 96773 The state Supreme Court rejected a man's challenge of his involuntary medication but chastised the circuit court for failing to ensure the man had a second opinion...

'Overt act' required for commitment; dissent argues it applies everywhere.
January 1, 2005... In Re Personal Restraint Petition of Turay, Nov. 18, 2004 Supreme Court of Washington 101 P.3d 854, No. 74556-1 The state must prove a recent "overt act" to rightfully seek civil commitment for a sex offender, according to a previous...

Court acknowledges man's delusions but still upholds his death sentence.
January 1, 2005... Baird v. Davis, Nov. 12, 2004 7th U.S. Circuit Court of Appeals 388 F.3d 1110, No. 03-3170 The court upheld a death sentence of a man by assuming that he committed murder because he was afraid his delusions would be exposed. Arthur P....

Constitutional claims rejected after defendant waives jury trial.(State v. Ouellette, Nov. 16, 2004 Supreme Court of Connecticut 859 A.2d 907, SC 16694)
January 1, 2005... State v. Ouellette, Nov. 16, 2004 Supreme Court of Connecticut 859 A.2d 907, SC 16694 A defendant found competent to stand trial was by extension competent to waive his right to a trial by jury, the court found. Defendant Michael...

Mitigating factors.(Rodgers v. State, Nov. 24, 2004 Supreme Court of Florida 29 Fla. L. Weekly S 724, No. SC01-185)(Brief Article)
January 1, 2005... Rodgers v. State, Nov. 24, 2004 Supreme Court of Florida 29 Fla. L. Weekly S 724, No. SC01-185 The court upheld a death sentence handed to someone with a long history of an abusive childhood and mental health problems. Court records...

'Compelling' evidence of mental illness does not override reasonable doubts.(State v. Thompson, Nov. 24, 2004 Supreme Court of Tennessee, at Knoxville No. E2002-02631-SC-R11-CD)
January 1, 2005... State v. Thompson, Nov. 24, 2004 Supreme Court of Tennessee, at Knoxville No. E2002-02631-SC-R11-CD The State of Tennessee met the burden of proving that a defendant was sane when he killed his wife, despite expert testimony of brain...

Different views of personality disorder found irrelevant in sex offender's case.(In Re Detention of Goodwin/State v. Goodwin 689 N.W.2d 461, No. 126/03-0871 In Re Detention of Hodges 689 N.W.2d 467, No. 127/03-1494 Nov. 19, 2004, Supreme Court of Iowa)
January 1, 2005... In Re Detention of Goodwin/State v. Goodwin 689 N.W.2d 461, No. 126/03-0871 In Re Detention of Hodges 689 N.W.2d 467, No. 127/03-1494 Nov. 19, 2004, Supreme Court of Iowa Parroting Barnes (see p. 3), the court rejected defendants'...

Disability benefits.(Case Briefs)(Moody v. Barnhart, Nov. 16, 2004 3rd U.S. Circuit Court of Appeals Unpublished, No. 03-3246)(Brief Article)
January 1, 2005... Moody v. Barnhart, Nov. 16, 2004 3rd U.S. Circuit Court of Appeals Unpublished, No. 03-3246 An administrative law judge (ALJ) was within her authority to dismiss the testimony of a treating physician when determining that a man was...

Competency.(Case Briefs)(State v. McCarthy, Nov. 12, 2004 Supreme Court of Montana 101 P.3d 288, No. 03-434)(Brief Article)
January 1, 2005... State v. McCarthy, Nov. 12, 2004 Supreme Court of Montana 101 P.3d 288, No. 03-434 A defendant who thought himself a victim of a conspiracy of a legal system was angry but not mentally ill, the court ruled. Roman Sonny McCarthy...

Competence to stand trial.(Case Briefs)(State v. Yarnall, Nov. 23, 2004 Supreme Court of Montana 102 P.3d 34, No. 03-320)(Brief Article)
January 1, 2005... State v. Yarnall, Nov. 23, 2004 Supreme Court of Montana 102 P.3d 34, No. 03-320 The trial court must dismiss charges against a defendant if experts cannot determine whether he will become fit to stand trial, the court ruled. Statute...

Ineffective assistance of counsel.(Case Briefs)(Commonwealth v. Wilson, Nov. 19, 2004 Supreme Court of Pennsylvania 861 A.2d 919, No. 230 CAP)(Brief Article)
January 1, 2005... Commonwealth v. Wilson, Nov. 19, 2004 Supreme Court of Pennsylvania 861 A.2d 919, No. 230 CAP A man's counsel was not ineffective for failing to present mental health evidence when the defendant at that time did not ask to pursue such a...

Competency: U.S. v. Oehler, Nov. 23, 2004.(Case Briefs)(U.S. v. Oehler, Nov. 23, 2004 8th U.S. Circuit Court of Appeals Unpublished, No. 04-1027)(Brief Article)
January 1, 2005... U.S. v. Oehler, Nov. 23, 2004 8th U.S. Circuit Court of Appeals Unpublished, No. 04-1027 A finding that a defendant was delusional at the time he was evaluated, after his conviction, is not enough to show the defendant is not competent,...

Competence to stand trial.(Case Briefs)(Leslie v. Abbott, Nov. 17, 2004 10th U.S. Circuit Court of Appeals Unpublished, No. 03-8098)(Brief Article)
January 1, 2005... Leslie v. Abbott, Nov. 17, 2004 10th U.S. Circuit Court of Appeals Unpublished, No. 03-8098 An inmate must show that an investigation would have led to a different conclusion about whether he was competent to stand trial to claim his...

Event, Feb. 22.(Of Note)(Technical Assistance and Policy Analysis Center for Jail Diversion for people with mental illnesses)(Brief Article)(Calendar)
January 1, 2005... * Event, Feb. 22 [right arrow] The TAPA Center for Jail Diversion is sponsoring a Web/teleconference from 2:00-3:30 p.m. EST about the basics of conducting a program evaluation of jail diversion outcomes on a shoestring. Judge Steven Leifman,...

Not messing with.(Closing Argument)(Americans with Disabilities Act)(Brief Article)
January 1, 2005... NOT MESSING WITH the Americans with Disabilities Act (ADA) is becoming a less viable option now that the U.S. Supreme Court has issued so many rulings about it. The National Council on Disability has proposed the ADA Restoration Act to help...