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Case Law

Trial Competency

U.S. v. Duhon, 104 F.Supp.2d 663 (W.D. La.2000)

“Rote memory is not sufficient to establish competence”

Curry v. Zant, 258 Ga. 527 (Ga 1988)

Failure to obtain second opinion may have been basis for NGRI

Wilson v. U.S., App, 391 F.2d 460 (D.C. Cir 1968)

6 Factors for Competency involving Amnesia

Criminal Responsibility

State v. Shields, 289 Or App 44 (2017)

Necessity to link symptom facets to criminal behavior

State v. Wright, 284, Or App 641 (2017)

Necessity to provide nexus between disability and criminal behavior

US v McGraw, 515 F.2d 758 (1975)

Wrongfulness for purpose of insanity defense means moral wrongfulness

Malingering

U.S. v Greer, 158 F3d 228 (1998)

Obstruction of Justice

Moral Culpability

Atkins v Virginia 536 US 122 Ct 2242 (2002)

Disability lessens moral culpability

Wiggins v Smith 539 US 510, 123 S. CT. 2527 (2003)

Mitigating evidence may influence jury’s appraisal of moral culpability

Graham v Collins 506 US 461 (1993)

Defendant’s impairments and their consequences on conduct reduce moral culpability