Mental Health Law Report articles from May 2004

Mental Health Law Report archives from May 2004

Victory.(Slants & Trends)(Brief Article)
May 1, 2004... VICTORY. The Supreme Court decision this month in Tennessee v. Lane, No. 02-1667, demonstrates yet again how precarious lawsuits under the Americans with Disabilities Act (ADA) remain. Even with blatant discrimination--a man had to crawl up a...

Court splits on proof of mental illness, revisiting dispute from earlier verdict.
May 1, 2004... State v. Flake No. W2001-00568-SC-R11-CD Supreme Court of Tennessee, at Jackson A bare majority upheld a verdict rejecting an insanity defense despite a long history of mental health problems, while a dissent accused the majority...

Presence of drug, alcohol abuse does not negate mental disability.
May 1, 2004... Ingram v. Barnhart No. 02-35608 9th U.S. Circuit Court of Appeals A three-judge panel soundly rejected an attempt by an administrative law judge (ALJ) to separate the disabling effects of a claimant's drug addiction and alcoholism...

Right to expert testimony has limits because Ake errors are not structural.
May 1, 2004... Hood v. Cockrell No. 00-41272 5th U.S. Circuit Court of Appeals A defendant is not automatically entitled to a psychiatrist just because the state intends to present its own psychiatric testimony, the court ruled. Charles...

Involuntary commitment.
May 1, 2004... Anthony and Wright v. City of New York Docket Nos. 01-7978(L), 02-7648(CON) 2nd U.S. Court of Appeals The Fourth Amendment and the Americans with Disabilities Act (ADA) were not violated when police officers seized a woman from her...

'Overt act' requirement 'impossible,' unnecessary to commit sex offender.
May 1, 2004... In Re Personal Restraint Petition of Turay No. 73255-8 Supreme Court of Washington A recent overt act of dangerousness is not a critical element to find someone a sexually violent predator and thus eligible for involuntary...

Instructions on mitigating factors could tie jury in knots, court says.
May 1, 2004... Coble v. Cockrell No. 01-50010 5th U.S. Circuit Court of Appeals A jury instruction might have been constitutionally inadequate because it did not give jurors an appropriate vehicle for evaluating mitigating evidence, the court...

Involuntary commitment: U.S. v. LeClair.(Brief Article)
May 1, 2004... U.S. v. LeClair No. 02-2593 8th U.S. Circuit Court of Appeals A report describing a defendant's unprovoked assault on a repairman contained hearsay, but that did not preclude a doctor from relying on the report in reaching the...

Eligibility for involuntary commitment implies inability to control behavior.(Involuntary commitment under California's Sexually Violent Predators Act)
May 1, 2004... The People v. Williams S107266 Supreme Court of California Involuntary commitment under California's Sexually Violent Predators Act (SVPA) encompasses a determination of serious difficulty in controlling one's criminal sexual...

Sex offender registry.(Brief Article)
May 1, 2004... SEX OFFENDER REGISTRY--Sen. Byron Dorgan (D-N.D.) introduced S. 2154 last month to create a national sex-offender registry. The bill would also require notification of states' attorneys about future releases of offenders and establish a...

Sutton's narrow interpretation of ADA does not apply to state disability law.
May 1, 2004... Goldman v. Standard Insurance Co. No. 00-16691 9th U.S. Circuit Court of Appeals California's Unruh Act does not require applicants for disability benefits to show a present limitation on a major life activity as the Americans...

Ruling suggests trials cannot be valid without a door to an insanity defense.
May 1, 2004... DeShazer v. State No. 02-150 Supreme Court of Wyoming A complete disregard of a defendant's mental health problems, including a failure to conduct a competency hearing and a defense counsel who lacked experience with mental...

Decision implemented.(Brief Article)
May 1, 2004... DECISION IMPLEMENTED--The Social Security Administration (SSA) has issued an acquiescence ruling to comply with the 2003 decision by the 9th U.S. Circuit Court of Appeals in Wolff v. Barnhart (No. 341 F.3d 1006). The court ruled that an...

After years of stalling, Medicaid buy-in passes senate, awaits action in house.(Legislative Update)(Brief Article)
May 1, 2004... The Senate passed legislation May 6 that would allow states to create a Medicaid buy-in for children with disabilities. The Family Opportunity Act (FOA), S. 622, has enjoyed fairly broad support in both chambers of Congress since its first...

Congress enters fray over safety of antidepressants for children.(Legislative Update)(Brief Article)
May 1, 2004... Congress has promised to look into the Food and Drug Administration's (FDA) investigation into whether children's antidepressant use increases their risk of suicide. FDA, acknowledging that many U.S. researchers agree with that conclusion,...

Youth suicide.(Senate Committee on Health, Education, Labor and Pensions )(Brief Article)
May 1, 2004... YOUTH SUICIDE--The Senate Committee on Health, Education, Labor and Pensions (HELP) is considering legislation to prevent suicide among children and adolescents. Witnesses at a March 2 hearing testified that better screening and prevention...