District of Columbia: The District of Columbia Court of Appeals held that a man, who had been found not guilty by reason of insanity of second degree murder and assault, was now found to be medically eligible for release. The District of Columbia Court of Appeals held the acquitted could not be conditionally released from the hospital before being granted parole from his concurrent criminal conviction of first degree burglary. Harman V. U.S., 718 A.2d 114.
The United States Court of Appeals, District of Columbia Circuit, held that the district court erred in allowing defendant to appear pro se at a hearing to determine competency to stand trial. She was later convicted of threatening to assault the Clerk of the United States Supreme Court, as well as chief justice William Rehnquist. The Appeals Court remanded the case to the district court for an evidentiary hearing to determine whether the competency hearing could have come out differently if she had been represented; if so, she would be afforded a new trial. U.S. V. Klat, 156 F.3d 1258.
New Mexico: A defendant convicted of bank robbery moved for downward departure at sentencing on the grounds that he had committed a non-violent offense while suffering from significantly reduced mental capacity. The United States Court of Appeals, Tenth Circuit, upheld the District Court's determination that the defendant, because of his use of intimidation in the course of a violent crime, was therefore not eligible for downward departure because of his mental state. U.S. V. Valdez, 158 F.3d 1140.
Wisconsin: The Court of Appeals of Wisconsin held that a person committed as a sexual predator must be released If the trial court determines that supervised release is appropriate, regardless of whether the Department of Health and Family Services locates an appropriate treatment facility. The Court said that if the person's county of residence is unable or unwilling to prepare a plan, and no other counties agree to do so, the committing court is required by statute to designate a county for placement. If necessary, the county must create or contract for the necessary programs and facilities. In Re Commitment of Sprosty, 585 N.W. 2d 637.
Nevada: The mother of a defendant convicted of first degree murder and sentenced to death sought to bring a habeas corpus proceeding on his behalf as "next friend," i.e., in her own name. She maintained that her son was insane and that therefore could not, while insane, be lawfully executed; her son sought to waive his appeal and proceed with his execution. The Supreme Court of Nevada upheld the lower court's ruling that the mother lacked standing to file the next friend petition, in that her son's degree of mental incompetency was not sufficient to justify her proceeding on his behalf. Calambro v. District Court, 964 P.2d 794.
Colorado: A defendant convicted of burglary and assault argued on appeal that, among other things, he had been improperly denied a bifurcated trial on the issues of insanity and guilt. But the Colorado Court of Appeals held that it had not been improper to apply the recently enacted statute providing for a unitary trial on these issues. The court specifically ruled that the statute's application did not violate the prohibition against ex post facto laws or the privilege against self-incrimination, did not deprive the defendant of the presumption of innocence, and did not compromise his counsel's ability to prepare an effective insanity defense. People V. Bielecki, 964 P.2d 598.
Minnesota: On a federal petition to commit a prisoner who was about to be released after serving a prison term, a Minnesota District Court held that the prisoner did suffer from a mental disease or defect. But the court ruled that the government had failed to sufficiently show that his release would create substantial risk to society and that no suitable state placement was available, which would allow placement of the prisoner in the custody of the Attorney General. U.S. v. Chairse, 18 F. Supp. 2d 1021.
