Mental Health Issues

Here you will find the newly-published Practitioner's Guide to Defending Capital Clients Who Have Mental Disorders and Impairments.

This 272-page manual, written by a team of experienced mental health and capital litigation experts including Dick Burr, David Freedman, Anne James, Russell Stetler and Dr. Kathy Wayland, is a comprehensive introduction to investigating and litigating evidence of mental impairments in our capital clients.

This manual focuses on the issues arising solely in the representation of persons with mental disorders and impairments in death penalty cases, and is a companion to the 2006 Practitioner's Guide to Defending Capital Clients Who Have Mental Retardation.

Mental Health Litigation Guide

Challenge to Prosecution Misuse of PCL-R and other Risk Assessment Instruments

This post-trial motion from Commonwealth v. Armstrong challenged the Commonwealth’s use of a 3:1 rebuttal evaluation report that relied heavily on the Psychopathy Checklist-Revised as a way of proving the defendant’s continuing dangerousness in prison.  The motion includes an affidavit from a leading researcher in the field, Dr. John Edens, detailing why such risk assessment instruments should not be used in capital sentencing hearings.

• Motion for New Jury Sentencing Hearing
• Exhibit A- Stejskal Report (Defense Expert) 
• Exhibit B - Keinot Report (CW Expert)
• Exhibit C - Affidavit of John F. Edens (unsigned)
• Exhibit D - CV of John F. Edens, Ph.D.
• Exhibit E - Declaration of Thomas v. Ryan from Stitt Case (signed)