Mental Health Law Report articles from June 2006

Mental Health Law Report archives from June 2006

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...

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...

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...

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...

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...

Clear wish to end all appeals does not make prisoner suicidal, ruling suggests.
June 1, 2006... State v. Dawson, April 11, 2006 Supreme Court of Montana 133 P.3d 236, No. 03-577 A death row inmate who was particularly eloquent in expressing how he came to the decision to allow his execution raises the question of whether...

Panel splits on whether incompetence resulted from accidental electric shock.
June 1, 2006... Filiaggi v. Bagley, April 14, 2006 6th U.S. Circuit Court of Appeals 445 F.3d 851, No. 04-3513 A three-judge panel ruled against a death row inmate who had inadvertently received an electric shock from a stun belt used to restrain...

Court rejects mental health claims of inmate who sought death penalty.
June 1, 2006... State v. Ferguson, April 12, 2006 Supreme Court of Ohio 844 N.E.2d 806, No. 2003-1904 The court upheld the death sentence of an inmate with an apparently unclear thought process, rejecting his arguments that the trial court had...

Constraints added after sex offenses found not to violate double jeopardy.
June 1, 2006... In Re Detention of Bradford, April 7, 2006 Supreme Court of Iowa 712 N.W.2d 144, No. 138/04-1707 Changes to a sexually violent predator statute making it stricter did not necessarily make it a criminal statute, the court found. ...

Sex offender commitment.
June 1, 2006... In Re JJF v. State; In Re CNS v. State, April 6, 2006 Supreme Court of Wyoming 132 P.3d 170, No. 05-91 Wyoming's sex offender commitment act did not violate due process for not requiring clear and convincing evidence of recidivism...

Employment discrimination.(Briefly Noted)
June 1, 2006... Josephs v. Pacific Bell, April 10, 2006 9th U.S. Circuit Court of Appeals 443 F.3d 1050, No. 03-56412 A three-judge panel amended its prior ruling that a man who had been in a mental hospital years earlier showed discrimination...

'Commitment' v. detention: Walker v. State.(Briefly Noted)
June 1, 2006... Nelson v. Crane, April 11, 2006 Supreme Court of Missouri 187 S.W.3d 868, No. SC87205 An individual is not "committed" to a mental health facility when he or she is subjected to involuntary detention for initial evaluation and...

Sex offender commitment.(Brief article)
June 1, 2006... Walker v. State, April 10, 2006 Court of Appeals of Maryland 895 A.2d 1024, No. 44, Sept. Term 2005 Petitions seeking release from confinement or a hearing on the legality of continued confinement whether or not charges were...

Mental health records.(Briefly Noted)
June 1, 2006... State ex rel. Jacob v. Bohn, April 14, 2006 Supreme Court of Nebraska 711 N.W.2d 894, No. S-04-1410 Nebraska gives prison officials the discretion to release an inmate's mental health records to the inmate, but does not require...

Ineffective assistance of counsel.(cases of insanity pleas)(Brief article)
June 1, 2006... Mirzayance v. Knowles, April 10, 2006 9th U.S. Circuit Court of Appeals Unpublished, No. 04-57102 A three-judge panel affirmed a finding that a man convicted of murder received ineffective assistance of counsel when his attorney...

New guidelines do not relieve burden of impending Medicaid requirement.(Regulation)
June 1, 2006... Everyone seeking to receive or continue receiving Medicaid services as of July 1 must provide documented proof of U.S. citizenship, a requirement that opponents fear will be especially burdensome for people with serious mental illness. The...

Illinois--a suit on behalf of people with mental illness who reside in state nursing homes alleges that they are "needlessly segregated and inappropriately warehoused" and seeks community treatment alternatives. .(State News)
June 1, 2006... ILLINOIS -- A suit on behalf of people with mental illness who reside in state nursing homes alleges that they are "needlessly segregated and inappropriately warehoused" and seeks community treatment alternatives. Two individuals filed Williams...

New York--a federal district judge has struck down a law the state Legislature and Gov. George Pataki (R) hurriedly passed earlier this year that extended the registration period for sex offenders about to leave the rolls.(State News)
June 1, 2006... NEW YORK -- A federal district judge has struck down a law the state Legislature and Gov. George Pataki (R) hurriedly passed earlier this year that extended the registration period for sex offenders about to leave the rolls. The state could not...

Wisconsin--four women prisoners at the state's Taycheedah Correctional Institution have filed a class-action suit alleging that mental health treatment for women in the state prison system is significantly inferior to treatment for men.(State News)
June 1, 2006... WISCONSIN -- Four women prisoners at the state's Taycheedah Correctional Institution have filed a class-action suit alleging that mental health treatment for women in the state prison system is significantly inferior to treatment for men. The...

Court orders Virginia school district to reimburse for autism schooling.(Disability Report)
June 1, 2006... Advocates for children with learning disabilities are encouraged by a ruling from the U.S. District Court for the Eastern District of Virginia paving the way for tuition reimbursement from a school that failed to provide a free and appropriate...

Coalition opposes Medicare plan to cover vision aid technology.(Disability Report)
June 1, 2006... The Independence Through Enhancement of Medicare and Medicaid (ITEM) Coalition is opposing a proposal by the U.S. Centers for Medicare and Medicaid Services to exclude Medicare coverage for certain assistive technology for people with low...

Airport kiosks must comply with accessibility rules: NCD.(Disability In Brief)
June 1, 2006... Operators of airport kiosk systems have been put on notice that they must comply with federal accessibility laws and regulations to provide cross-disability access to their kiosk systems. The systems are self-service or check-in kiosks. ...

Reasonable accommodation applies to attorneys with disabilities: EEOC.(Disability In Brief)
June 1, 2006... The U.S. Equal Employment Opportunity Commission is moving to ensure that reasonable accommodation under the Americans with Disabilities Act applies to attorneys with disabilities and their employers. EEOC and the American Bar Association...

New Jersey--the Justice Department and the City of Newark, N.J., have signed a Project Civic Access agreement to bring communities into compliance with the Americans with Disabilities Act..(State News)
June 1, 2006... NEW JERSEY -- The Justice Department and the City of Newark, N.J., have signed a Project Civic Access agreement to bring communities into compliance with the Americans with Disabilities Act. Accessibility will apply to viewing the city Web...

New York--several disability groups are moving to intervene in the Department of Justice's decision to compromise with the State of New York over accessible voting issues (MHLR, May, p. 60).(Brief article)
June 1, 2006... NEW YORK -- Several disability groups are moving to intervene in the Department of Justice's decision to compromise with the State of New York over accessible voting issues (MHLR, May, p. 60). New York Lawyers for the Public Interest, the New...

Tool kit.
June 1, 2006... TOOL KIT--The Department of Education has a Tool Kit for Teaching and Assessing Students with Disabilities, designed to help states provide a quality education for students with disabilities under the No Child Left Behind Act. Contact:...