Mental Health Law Report articles from March 2005

Mental Health Law Report archives from March 2005

Advise and consent.(Slants & Trends)
March 1, 2005... ADVISE AND CONSENT. Traditionally, this phrase connotes Congress's role in considering the president's nominees. Mental health law has become an issue in that arena (see Closing Argument, p. 30). But now it seems we can use the same phrase to...

Only experts can judge past decisions on involuntary commitment, court says.
March 1, 2005... Olivier v. Yeager Mental Health Center, Feb. 9, 2005 2nd U.S. Circuit Court of Appeals 398 F.3d 183, Docket No. 02-9494 A jury was not competent to evaluate the propriety of the actions of doctors without the assistance of expert...

Unsuccessful defense does not imply ineffective assistance of counsel.
March 1, 2005... State v. Frogge, Feb. 4, 2005 Supreme Court of North Carolina 607 S.E.2d 627, No. 413A95-3 If defense experts do not recommend neurological testing for a defendant, the defense attorney is not ineffective for heeding their advice,...

'Controlling behavior' finding required to uphold youths' extended detention.
March 1, 2005... In Re Howard N., Feb. 24, 2005 Supreme Court of California 35 Cal. 4th 117, S123722 California's involuntary commitment statute for youth was meant to compel a finding that the youth's mental deficiency or disorder causes serious...

Attorney faulted for ignoring evidence of client's diagnosed bipolar disorder.
March 1, 2005... Orme v. State; Orme v. Crosby, Feb. 24, 2005 Supreme Court of Florida 30 Fla. L. Weekly S 127; SC02-2625 & SC03-1375 A defendant had a case for challenging his conviction because his attorney stuck with a drug-addiction defense...

State's spectrum of insanity defenses leads to split finding on man's guilt.
March 1, 2005... State v. Calin, Jan. 26, 2005 Supreme Court of South Dakota 2005 SD 13, No. 23132 The court considered whether a defendant was guilty but mentally ill or not guilty by reason of insanity, demonstrating the intricate differences...

Ordering treatment as part of probation might not be 'reasonably necessary'.
March 1, 2005... U.S. v. Pruden, Feb. 23, 2005 3rd U.S. Circuit Court of Appeals 398 F.3d 241, No. 04-1863 Even if mental health treatment might rehabilitate a defendant, a judge cannot impose treatment without clear evidence of need beyond the...

Police must show danger to self, others to forcibly detain man as suicide risk.
March 1, 2005... Fisher v. Harden, Feb. 25, 2005 6th U.S. Circuit Court of Appeals N2005 FED App. 0096P, No. 02-3996 The court reversed summary judgment in favor of police officers who pointed their gun at and handcuffed an elderly man whom they...

Defendants have high hurdle to justify release of victim's psychiatric records.(mental health records )
March 1, 2005... State v. Barbera, Feb. 9, 2005 Supreme Court of Vermont 2005 VT 13, Supreme Court Docket No. 2003-144 A sexual assault defendant must seek a subpoena of the alleged victim's mental health records to show a compelling justification...

Majority: panel evaluation unnecessary; dissent: evidence suggests otherwise.
March 1, 2005... State v. Sua, Feb. 17, 2005 Supreme Court of Hawaii Summary Dispositional Order, No. 25510 A defendant has not shown a rational basis for requesting a full mental examination by a three-member panel to determine his penal...

Defense counsel might be ineffective without complete mental health history.
March 1, 2005... Cobbs v. McGraff, Feb. 22, 2005 9th U.S. Circuit Court of Appeals Unpublished, No. 03-17245 The district court was "objectively unreasonable" in deciding that a defendant with a clear history of psychosis had not made a prima...

ALJ must cite all elements of disability when determining eligibility for benefits.
March 1, 2005... Wiederholt v. Barnhart, Feb. 8, 2005 10th U.S. Circuit Court of Appeals Unpublished, No. 03-3251 An administrative law judge (ALJ) must characterize fully a claimant's limitations to a vocational expert before relying on that...

Competence to stand trial.(Briefly Noted)(Brief Article)
March 1, 2005... Thompson v. U.S., Feb. 9, 2005 U.S. Navy-Marine Corps Court of Criminal Appeals NMCCA 200200886 A military judge could dismiss a case against a service member who could not prove he was incompetent when he allegedly committed...

Ineffective assistance of counsel.(Briefly Noted)(post-traumatic stress disorder)(Brief Article)
March 1, 2005... Easley v. Dretke, Feb. 15, 2005 5th U.S. Circuit Court of Appeals Unpublished, No. 03-41495 Defense counsel is not ineffective for failing to pursue a defense of post-traumatic stress disorder (PTSD) where little evidence existed...

Involuntary commitment.(Briefly Noted)(Brief Article)
March 1, 2005... Phelps v. U.S., Feb. 11, 2005 9th U.S. Circuit Court of Appeals Unpublished, No. 04-16707 The court upheld a district court ruling that release from involuntary commitment requires a motion for a hearing and a certificate from the...

Disability benefits.(Briefly Noted)(Brief Article)
March 1, 2005... Grey v. Barnhart, Feb. 14, 2005 9th U.S. Circuit Court of Appeals Unpublished, No. 03-57015 New evidence of mental illness after an administrative law judge (ALJ) denies disability benefits is immaterial if claimants cannot show a...

Mental health services.(Briefly Noted)(Emmet County Iowa case for mental health services reimbursement)(Brief Article)
March 1, 2005... Emmet County Bd. of Sup. v. Ridout, Feb. 25, 2005 Supreme Court of Iowa No. 5 / 04-0254 The court found no authority for Emmet County, Iowa, to be reimbursed for payments made on a patient's behalf for community mental health...

The political battle.(Closing Argument)(Brief Article)(Editorial)
March 1, 2005... THE POLITICAL BATTLE over President Bush's nominations to federal courts hits the mental health legal community particularly hard. The Bazelon Center for Mental Health Law is among those fighting the re-nomination of Terrence Boyle to the 4th...

Calendar.(Calendar)
March 1, 2005... April 6: Successfully Working with Adults with Mental Illness Involved in the Criminal Justice System, East Lansing, Mich. Sponsored by the GAINS Technical Assistance and Policy Analysis (TAPA) Center for Jail Diversion. Also May 5 in Austin,...