Mental Health Law Report articles from November 2004

Mental Health Law Report archives from November 2004

Co-opting controversy.(Slants & Trends)(Brief Article)
November 1, 2004... CO-OPTING CONTROVERSY. As judicial nominations become increasingly political, courts will inevitably address political issues where they have not before. During the campaign for both of his presidential elections, President Bush spoke of...

Parity now?(Slants & Trends)(Brief Article)
November 1, 2004... PARITY NOW? Every little bit helps. Congress has yet to pass expanded mental health insurance parity, but a change in leadership could make a new law more likely. Outgoing Senate Minority Leader Tom Daschle (D-S.D.), who lost his bid for...

Illinois law provides way for detainees to challenge effectiveness of attorneys.
November 1, 2004... People v. Lawton, Oct. 7, 2004 Supreme Court of Illinois Docket No. 95802 A somewhat divided state Supreme Court identified a way for people involuntarily committed as sexually violent offenders to challenge the effectiveness of...

Court finds violation of patient privacy, but not enough to reverse conviction.
November 1, 2004... State v. Jenkins, Sept. 21, 2004 Supreme Court of Connecticut 271 Conn. 165, SC 16871 An intoxication defense does not abrogate a defendant's right to keep his mental health records out of court, the state Supreme Court found. ...

Defendants cannot continually seek favorable testimony on mental health.
November 1, 2004... U.S. v. Clark, Sept. 23, 2004 6th U.S. Circuit Court of Appeals 2004 Fed App. 0324P (6th Cir.), No. 03-5431 Once a defendant's experts have concluded that mental illness did not hinder the defendant's responsibility for his crimes...

Court allows involuntary commitment despite competing expert evidence.
November 1, 2004... U.S. v. Beatty, Oct. 1, 2004 6th U.S. Circuit Court of Appeals Case No. 03-6015 Inconsistent psychological evaluations do not make a defendant ineligible for involuntary commitment, a three-judge panel ruled. In this case,...

Sex offenders challenging commitment given limited rights under Illinois' law.
November 1, 2004... People v. Botruff, Sept. 23, 2004 Supreme Court of Illinois Docket No. 94334 The court rejected a constitutional challenge of a provision that prohibits people committed as sexually violent offenders from attending limited...

Courts can reject competency hearing despite conflicting expert diagnoses.
November 1, 2004... Hernandez-Alberto v. State, Sept. 23, 2004 Rehearing denied Oct. 8, 2004 Supreme Court of Florida 29 Fla. L. Weekly S 521, No. SC02-1617 The trial court was free to resolve conflicting opinions about whether a defendant was...

Effort to commit alleged sex offender cannot precede trial on the offenses.
November 1, 2004... In Re Detention of Huss, Oct. 6, 2004 Supreme Court of Iowa No. 90 / 02-1642 The state had to prove a defendant was convicted of or charged with a sexually violent offense in order to establish that he should have been committed...

Psych exam suggests doubt on fitness only when defense requests a hearing.
November 1, 2004... People v. Hanson, Sept. 23, 2004 Supreme Court of Illinois Docket No. 96869 A trial court's granting a defense motion for a psychological examination does not create a sufficient inference that the court found bona fide doubt of...

New Jersey.(Brief Article)
November 1, 2004... NEW JERSEY'S new acting governor made mental health policy a top priority on his first day in office. Immediately after being sworn in to replace resigning Gov. Jim McGreevey (D), acting Gov. Richard J. Codey (D) signed an executive order...

Sex offenders' commitment.(Case Briefs)(Brief Article)
November 1, 2004... SEX OFFENDERS' COMMITMENT Ambrose v. Holmes, Sept. 29, 2004 7th U.S. Circuit Court of Appeals No. 03-1861 A man's appeal of his commitment under Illinois' Sexually Dangerous Persons Act (SDPA) was procedurally defaulted...

Mental health defense.(Case Briefs)(Brief Article)
November 1, 2004... MENTAL HEALTH DEFENSE U.S. v. Castaneda-Martinez, Sept. 20, 2004 5th U.S. Circuit Court of Appeals 108 Fed. Appx. 209, Nos. 03-51103 and 03-51104 A man's belief that disobeying God's will was worse than disobeying man's law...

Pryor still on.(Federal News Briefs)(Brief Article)
November 1, 2004... PRYOR STILL ON--The 11th U.S. Circuit Court of Appeals rejected Sen. Edward Kennedy's (D-Mass.) challenge of President Bush's appointment of former Alabama Attorney General William Pryor to remain an active judge on the same court. Mental...

Assisted suicide.(Federal News Briefs)(Brief Article)
November 1, 2004... ASSISTED SUICIDE--Attorney General John Ashcroft has asked the U.S. Supreme Court to review a ruling by the 9th U.S. Circuit Court of Appeals, rebuffing his attempts to preempt Oregon's assisted-suicide law. Ashcroft, who announced his...

Oral decisions.(Federal News Briefs)(Brief Article)
November 1, 2004... ORAL DECISIONS--The Social Security Administration (SSA) will make it easier for administrative law judges to resolve cases orally by letting them issue written decisions that merely refer to their oral findings of fact and reasons for acting....

World opinion addressed in debate over executing juvenile offenders.(Closing Argument)
November 1, 2004... The U.S. Supreme Court last month considered the constitutionality of executing people for crimes they committed as juveniles, a practice that mental health advocacy groups strongly oppose. At oral arguments Oct. 13, some justices wondered...