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Table of Contents
Volume 4, Issue 6
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Best of the Rest:
Bright v. State
Best of the Rest:
Morgan v. Krenke
Editorial:
Chasing Elians
Recent Cases:
Turf Wars Can’t Gobble the Qualified
Credibility Suffered When Out-of-State Expert Excluded
Recent Cases:
Polysubstance Dependence = Mental Illness?
Acquittee Release Thwarted by Court’s Designation
Recent Cases:
Court Saves Abel from Cain in Tax Rap
No Severing Based on Psych Past
Albert and his brother Anthony were charged in a 67 count indictment with income tax offenses. Of these counts, 63 identified the two co-defendants, while four only identified Anthony as tax preparer for his own business. The "Able" of our drama, Anthony," didst prepare the scroll of taxes for Albert, the "Cain" of this tale of betrayal.
Recent Cases:
Defendant’s Therapist Can’t Help in Court
Akin to Character and Credibility Testimony
And he looked upon his therapist with astonishment whilst she related the charges lodged against him of having carnal knowledge with so young a child, his step daughter no less; denials falling from his lips.
Recent Cases:
Expert Pool Brings Evidence Flood
Testimony Draws in the Inadmissible
The old admonition, never to ask on cross-examination the question to which the answer is not known, should be engraved on the heads of all criminal defense lawyers.
Recent Cases:
Dyslexia a Disability, but Training Enough
Hi-Tech Employee’s Discrimination Case Sputters
Like a Fritz Lang remake, the setting for this machine-dominated tale of one dyslexic women’s fight for vindication against the U.S. Justice Department, was a four room complex called "computer operations."
Recent Cases:
Choose Guilt over Polygraph
Court Nods to Probation Mandate
The Hawaiian trial court was pretty exasperated with Mr. Naone. Hawaii utilizes a procedure that allows courts to defer entering a conviction in certain cases, contingent upon the defendant complying with certain requirements set up by the probation department. Naone, faced prison after a jury found him guilty of molesting a child. He initially agreed to comply with terms imposed, the major element being his entering sex offender treatment.
Recent Cases:
Snarling to Prison Psychologist Tests Privilege
Were Judge, FBI Agent in Danger?
Prisoner's threats on teacher, federal officials, and judge are questionable.
Recent Cases:
Diminished Capacity—for What?
Despite Diagnosis, Relation to Intent Falls Short
McCullum had been convicted of first degree murder and sentenced to death for the murder of an 83 year-old woman. Both the conviction and sentence had been affirmed by Pennsylvania Supreme Court in a direct appeal. Mr. McCullum then filed a petition under the Post Conviction Relief Act, alleging that his attorney had been negligent in failing to present a diminished capacity defense at the guilt phase of his trial.
Recent Cases:
Ear to the Ground? Think Again
ID Using Ear Impressions Fails Frye Standard
In this case the Court, and the subject, were all ears, -- that is, how ears differ and how to identify individuals by ear prints left behind. Such evidence was a crucial element in determining that David Kunze had committed a particularly brutal murder.
Recent Cases:
Dr. Feelgood, Despite Documentation, Goes Down
Testimony on Methods Not Profile, Says Court
The psychiatrist, Dr. Pike, didn't "just say no," and now had to answer for his crimes. Of course he hadn't exactly said yes-not explicitly-and that's what the prosecutor had to prove.
Science Discoveries:
Interviewing at the Scene: More Abuse Remembered?
Reference: Orbach, Y; Hershkowitz, I; Lamb, M & Sternberg K; Horowitz D Legal and Criminological Psychology (2000) 5 135-147
A review of a large sample of incest offenders challenges myths of classification, risk assessment, and other qualities of the oft-neglected subsets of sex offenders who commit incest.
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