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Articles Posted in mental health evaluations

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Defense Counsel’s Failure to Investigate Defendant’s Mental Fitness for Trial Supports Ineffective Assistance Claim

In Newman v. Harrington, No. 12-3725 (7th Cir. 8/9/13), the Court affirmed a district court ruling on a habeas petition which found that the failure of defense counsel to investigate known deficiencies concerning his client’s mental capacity, and to raise the issue of defendant’s fitness to stand trial with the…

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New US Supreme Court Case Addresses Issues Concerning Mental Health Evaluations in Criminal Cases

The United States Supreme Court recently decided Kansas v. Cheever, 571 U.S. _____ (12/11/13), which discusses whether the Fifth Amendment prohibits the Government from introducing evidence from a criminal defendant’s court-ordered mental health evaluation to rebut the defendant’s presentation of expert testimony supporting a voluntary intoxication defense. The defendant was…

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