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Table of Contents
Volume 4, Issue 4
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Best of the Rest:
Call Me Crazy
Fuss, at a bench trial, was found guilty but mentally ill of murdering his mother. He maintained that the Trial Court should have found him insane at the time of the confession and held it not admissible.
Best of the Rest:
Habeas Corpus Denied for Lover
Bryson was convicted of the 1988 beating death of Mr. Plantz. Bryson was engaged in a sexual affair with Mrs. Plantz at the time of Mr. Plantz’s death.
Best of the Rest:
Expert Witness Runs for Better Money
Testifies at One Trial, the Missed Trial Results in a Conviction
At trial, Tomah attempted to introduce evidence of blood splatter patterning that would implicate Chesnel as the killer and bolster his theory that he was a mesmerized, passive observer of the killing. His theory ran in to difficulty when his expert witness, Dr. Miller, failed to appear at trial to testify about her findings.
Best of the Rest:
Take Your Medicine
The Hawaii Supreme Court upheld a trial court order to medicate defendant Kotis against his wishes. Kotis maintained that involuntary mediation for psychiatric reasons violated his Constitutional due process rights under both the state and federal Constitutions.
Best of the Rest:
Testimony of School Counselors Wrong, But Right
Charley was convicted of seven counts sexual abuse involving two minor girls. Testimony from an examining physician related that there was no physical evidence of sexual abuse in either of his accusers.
Best of the Rest:
Who Needs Medication?
Daniel Platt didn’t show the best judgment when he fled a pursuing police officer, but his acquittal on insanity grounds demonstrated that he had more than legal problems.
Best of the Rest:
Fantasy or Manipulation: It Doesn’t Matter
Ben Wayne Schutz was convicted in 1995 of aggravated sexual assault of his six-year-old-daughter. The trial lineup pitted the defendant against the alleged child victim, who was nine at the time of trial.
Best of the Rest:
X-Ray Vision Needed to Find Sexual Abuse?
Child Abused for Years, Doctors Miss the Clues
This medical malpractice case arose from the alleged failure of a family care practice to make a report of possible child abuse to the appropriate authorities.
Best of the Rest:
I’ll Plead the Sixth!
When Klatt arrived at the Federal Court Building offering several opportunities to shed blood if her case didn't come through. She was arrested several days later after enrolling in a firearms training course.
Best of the Rest:
Drunk or Just a Killer?
Jones theorized that because Schebaum was in jail for a probation violation of his third DUI conviction and Carillo for his fourth DUI conviction, they had fabricated testimony due to mental impairment. He sought to compel a psychological examination of these two witnesses and appealed his conviction.
Best of the Rest:
Three Dead, I Killed Two in Self Defense
Blanton’s defense was self-defense. He claimed that one of three dead men shot two of the others. Blanton asserted wrestled the gun from the shooter and shot him. One of the wounded started to move for a weapon and Blanton shot him (apparently dead).
Best of the Rest:
John Scores the Kill
Prostitutes Run into Bad Night of Business
"John" has exchanges with two corner workers, one gets choked and the second ends up with her thread of life snipped in two.
Best of the Rest:
Crazy Dixon but Take the Insanity Defense
Perhaps, Dixon had to be crazy to commit a robbery in the middle of a hospital emergency room, abduct two ambulance drivers, shoot at one right outside the emergency room entrance, then kidnap the female driver to take her home since she was now his "woman." Not to ignore that he performed his very public show on the grounds of a federal VA Hospital.
Current Then . . . Topical Now:
Victim Dissociative Amnesia Not Forgotten
Testimony Omission Brings Reversal
It was a case of he said, she said. Expert testimony concerning a victim witness's diagnosis of dissociative amnesia would assist the trier of fact, and the trial court's exclusion of such testimony was not harmless error.
Recent Cases:
Experts Can Only Munch About Why Limits on Role in Munchausen-by-Proxy Cases
Certain psychiatric disorders present a knotty problem for trial courts in determining whether or not to admit expert testimony about them. Such is the situation with Munchausen Syndrome by Proxy, a factitious disorder often associated with child abuse.
Recent Cases:
Involuntary Intoxication
A Matter of Right from Wrong Protections Seen in Following Doctor’s Orders
While David Gardner was in the hospital, his wife had him served with a restraining order, which he violated almost immediately upon his release, breaking into the marital home and forcing her to engage in sexual relations.
Recent Cases:
Plea Competency Brings Colloquy Under Scrutiny
Accepting a plea agreement in a criminal case is a solemn matter; At that point, the accused agrees to forego his basic right to have the state assume the burden of proving him guilty.
Recent Cases:
Now, He’s Cost Them More
Parent’s Ploy with Troubled Child Rapped
Forced drug and mental health treatment of uncooperative teenagers is a contentious issue for parents and their children. It's a bonanza for treatment providers as well.
Recent Cases:
Rape, Lies and Videotape
Pixel Addition Okay to Ready Store Video
Dolan had his film debut in this drama of rape, lies and videotape in a lingerie shop. Yes, the video cameras covering the front and rear entrances were working.
Recent Cases:
Credibility Testimony Brings Store Refund
Past Employment Goes Way Beyond Case Record
Rasalan was confronted by a security guard who believed that she had just shoplifted a pair of gloves from the store...
Recent Cases:
Prosecutor Plays Ploys Too Many
Questioning, Summation Sink Murder Conviction
Dueling experts were called. One for the defense and one for the state as a rebuttal witness. Then, things got ugly.
Recent Cases:
They Don’t Deliver, but They Can Deliver
Pathologists May Testify on OB Medical Malpractice
The trial court took the language as limiting the testifying doctor to the same or similar area of specialization...
Recent Cases:
Court’s Managed Care Vision Saves State
Defense Squawked over Victim’s Medical History
State fails to alert the defendant to the victim's psychiatric history. The victim on the stand, had revealed that she had been taking antidepressant medication prior to the rape. Can they do that?
Recent Cases:
Wrong Because We Say It Is
Subjective Standard Slammed for Insanity
A defendant's subjective concepts of right and wrong do not enter into a determination as to whether he should be excused from criminal responsibility for his crimes.
Recent Cases:
Falling Through the Cracks?
Suicide at Transfer Raises Immunity Questions
Ms. Elliott, under insupervised custody, sneaks to the bathroom and feast on some bathroom cleanser contained therein = death. Who's at fault?
Recent Cases:
Representative Better Be the Right Representative
Absence at Hearing Might Prejudice Refusing Inmate
Richard Anthony Morgan Status: pre-trial detainee in federal custody; also under the control of a spirit with the name Ja'ai (pronounced "jay-I"). In that capacity he also claimed to be the son of Haile Selassie.
Recent Cases:
Show Me the Records!
Late Filing Exposes Privilege Trick
Shawn Chavis killed another human being. Charged with murder in the second degree, he notified the trial court (several months after the statutory deadline, however) of his intention to present psychiatric evidence of "mental disease or defect."
Recent Cases:
Illy too New To Know
Sans Exam & Ratios, No Testimony on Drug Effect
Two friends (of the Defendant) killed by accused as he enjoys some PCP and goes "gang bang'in" for a cheap thrill.
Recent Cases:
Vulnerable Victim Evals Clear Credibility
Bar Patients Incapacitated by Definition?
Psychiatrist William Cone was convicted of numerous counts of sexual assault against two of his now former patients...
Recent Cases:
So What If You’re Sick!
Explanation for Lies No Entree for Testimony
Mr. Turtles truth telling tendencies was amply answered at trial. His father testified he wouldn't believe his own son, even under oath.
Recent Cases:
FELA Standard Relaxed, but There’s Limits
Railroad—Skin Cancer Link Fails Daubert Hurdle
Just how much Creosote mixed with other chemicals of an indeterminate variety does a guy have to roll around in and for how long, before he develops basil cell carcinomas?
Recent Cases:
Interview Techniques Flawed?
Testimony Belonged in Counter to Accommodation Syndrome in Abuse Case
Wayne Sargent was charged with sexually assaulting his two stepchildren and one of their friends. All three victims testified at trial, and cross-examination revealed delayed disclosure of the abuse, inconsistent statements and recanted prior statements. Do we call this proof?
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