Forensic psychiatry & mental health law

Psychiatry & Law Radar

Archive190 items · everything before 2026-10-08

Everything older than 7 days, in date order. Filter it by question or by kind, or search the headlines and summaries.

Headlines are the editor's. Summaries are machine-written and staff reviewed. Nothing here is legal or clinical advice.

CASETue 6 Oct 2026

Jordan v. Superior Court

Cal. Ct. App.

Whether due process requires an evidentiary hearing before revoking an incompetent defendant's outpatient competency restoration status.

PAPERTue 6 Oct 2026
PAPERTue 6 Oct 2026

Forensic mental health service use in early psychosis: A scoping review.

Soc Psychiatry Psychiatr Epidemiol. 2026;61(10):1981-1996.

CASETue 6 Oct 2026

Joseph Carl Underwood v. The State of Wyoming

Wyo. Sup. Ct. · affirmed

Whether a court's failure to provide an informed assistant for a defendant's intellectual disability rendered his Alford pleas involuntary.

2026 WY 110

CASETue 6 Oct 2026

Office of the Child Advocate v. Blanchester, Kaytlyn and Dylen Shipperd TPR

Del. Sup. Ct. · affirmed in part

Whether a court denying termination may rest on a parent's present fitness without expressly weighing the statutory best-interests factors.

PAPERTue 6 Oct 2026

Navigating Consent and Confidentiality in Adolescent Substance Use Treatment.

Child Adolesc Psychiatr Clin N Am. 2026;35(4):707-721.

CASETue 6 Oct 2026

State of Louisiana v. De'Andrus Long Jr.

La. Ct. App. · affirmed

Whether a filed but unordered request for a juvenile competency commission blocks divestiture of juvenile jurisdiction by indictment.

CASETue 6 Oct 2026

In Re: Amendments to Florida Probate Rules 5.015, 5.630, and 5.648

Fla. Sup. Ct.

Whether to adopt probate rule amendments defining "elisor" and requiring guardianship petitions to disclose conflicts of interest.

CASETue 6 Oct 2026

Davison v. Ohio State Univ. Wexner Med. Ctr.

Ohio Ct. App. · affirmed

Whether a bench trial court is presumed not to have relied on allegedly inadmissible expert testimony it admitted provisionally.

2026 Ohio 3883

CASETue 6 Oct 2026

State v. Chhetri

Ohio Ct. App. · affirmed

Whether a factfinder may reject an unrebutted expert insanity opinion based on lay evidence of the defendant's flight from police.

2026 Ohio 3924

CASETue 6 Oct 2026

Matter of Naila P. (Althea P.)

Appellate Division of the Supreme Court of the State of New York · reversed

Whether a parent's compliance with mental health treatment is good cause to vacate a consent neglect finding via a suspended judgment.

2026 NY Slip Op 05540

CASETue 6 Oct 2026

Ross v. Community Living Experiences, Inc.

Ohio Ct. App. · affirmed

Whether a nursing agency that only prepares medication records and offers on-call advice owes a duty for a resident's overdose death.

2026 Ohio 3921

CASETue 6 Oct 2026

Euceda v. United States

D.C. Ct. App. · affirmed

Whether a court ruling on a youth sentence-reduction motion must expressly weigh the movant's age at the offense as a mitigating factor.

CASETue 6 Oct 2026

Eirevbenagie Obazee v. Texas Health and Human Services

Texas Court of Appeals, 15th District · affirmed

Whether substantial evidence supports finding that leaving a resident needing one-to-one supervision alone is reportable neglect.

CASETue 6 Oct 2026

William Castillo v. Jeremy Bean

9th Cir. · affirmed in part

Whether counsel's error in state post-conviction proceedings can excuse procedural default of trial ineffective-assistance claims.

CASETue 6 Oct 2026

Bronstein v. Latin School of Chicago

Appellate Court of Illinois · affirmed

Whether Illinois's school bullying prevention statute creates an implied private right of action for a bullied student.

2026 IL App (1st) 242271

CASETue 6 Oct 2026

Matter of Gil R. (Dan R.)

Appellate Division of the Supreme Court of the State of New York · affirmed

Whether a court adequately explained fee awards charged to an alleged incapacitated person after a guardianship petition was withdrawn.

2026 NY Slip Op 05541

CASEWed 30 Sep 2026

Bruce Henry v. Sheriff of Tuscaloosa County, Alabama

11th Cir.

Whether a lifetime ban on a parent convicted of a child-pornography offense residing with his own child survives strict scrutiny.

CASEWed 30 Sep 2026

State of Washington v. Aron Nixon

Wash. Ct. App. · affirmed

Whether a directive that the court 'within 45 days order a hearing' on a proposed less restrictive placement requires a trial in 45 days.

CASEWed 30 Sep 2026

T M v. State of Indiana

Ind. Ct. App. · reversed

Whether a juvenile court may place a delinquent child with, and award wardship to, a non-party adult lacking custody or guardianship.

CASEWed 30 Sep 2026

Omari Mason v. Kevin Talley

4th Cir. · affirmed

Whether five months in restrictive housing with periodic reviews is an atypical and significant hardship creating a liberty interest.

CASEWed 30 Sep 2026

State v. Jose T.

Conn. Sup. Ct. · affirmed

Whether barring jurors from weighing the mere fact of a victim's delayed disclosure is harmful error when the defense attacked that delay.

CASETue 29 Sep 2026

In re B.J...

Utah Ct. App. · affirmed

Whether an agency's reunification efforts were reasonable and ADA-compliant when a parent's personality disorder diagnosis came late.

2026 UT App 144

CASETue 29 Sep 2026

Parente v. Lefebvre

1st Cir.

Whether a state tort claims act's blanket waiver of sovereign immunity waives Eleventh Amendment immunity for state civil rights claims.

PAPERTue 29 Sep 2026
CASETue 29 Sep 2026

State v. Lingam

Ohio Ct. App. · affirmed

Whether a licensed professional clinical counselor may testify as an expert that a complaining witness has post-traumatic stress disorder.

2026 Ohio 3802

CASEFri 25 Sep 2026

Commonwealth of Kentucky v. Hon. Phillip J. Shepherd

Ky. Sup. Ct. · denied

Whether mandamus lies to make a circuit court declare that its longstanding execution injunction does not bar issuing a death warrant.

CASEFri 25 Sep 2026

Tara Rose and James Rose, as Co-Conservators for and On Behalf of Kathleen Rose v. Campbell County Health D/B/A Campbell County Memorial Hospital, A/K/A Campbell County Hospital District D/B/A Campbell County Memorial Hospital

Wyo. Sup. Ct. · affirmed

Whether a threshold verdict question asking if a patient inappropriately touched another required a legal definition of that phrase.

2026 WY 104

CASEFri 25 Sep 2026

State ex rel. Papp v. Spellacy

Ohio Ct. App. · dismissed

Whether an incompetency finding stays proceedings so as to void an order of court-supervised release, warranting prohibition.

2026 Ohio 3739

CASEThu 24 Sep 2026

In re A.H.

Cal. Ct. App.

CASEThu 24 Sep 2026

State v. Krouse

Ohio Ct. App. · affirmed

Whether a guilty plea in adult court after discretionary bindover waives the right to challenge the juvenile court's amenability finding.

2026 Ohio 3700

CASEThu 24 Sep 2026

Gabriel v. State of Florida

Fla. Dist. Ct. App. · affirmed

Whether lay evidence of incoherence, without expert testimony, supports instructing jurors that abnormal mental condition is not a defense.

CASEThu 24 Sep 2026

Marquel Jamar Wattley v. State of Indiana

Ind. Ct. App. · reversed

Whether executing a full suspended sentence abuses discretion where the probation violations stemmed from mental-health decompensation.

CASEThu 24 Sep 2026

John Doe v. Hennepin Healthcare System, Inc.

8th Cir. · reversed

Whether a jail psychiatrist's choice to monitor rather than transfer a psychotic detainee pleads deliberate indifference.

CASEThu 24 Sep 2026

State v. Neagos

Ohio Ct. App. · affirmed

2026 Ohio 3725

CASETue 22 Sep 2026

Julian Darius Karapetkov v. Commonwealth of Virginia

Va. Ct. App. · affirmed

Whether a sentence within the statutory range but far above the discretionary guidelines is subject to appellate proportionality review.

PAPERSun 20 Sep 2026

Rethinking "Objectivity" for 21st Century Forensic Psychiatry.

J Am Acad Psychiatry Law. 2026;54(3):282-289.

CASESun 20 Sep 2026

In re Commitment of D.

Appellate Court of Illinois

Whether the State may dismiss and refile an involuntary commitment petition the same day over the respondent's good-cause objection.

2026 IL App (1st) 231954

CASESun 20 Sep 2026

Ex Parte Felton Brady v. the State of Texas

Texas Court of Appeals, 9th District (Beaumont) · dismissed

Whether mandating a GPS monitor for a civilly committed sexually violent predator housed in a treatment facility is punitive as applied.

CASESun 20 Sep 2026

Erica Monique Jenkins v. the State of Texas

Texas Court of Appeals, 10th District (Waco) · affirmed

Whether post-trial IQ testing suggesting a more severe intellectual disability is newly discovered evidence warranting a new trial.

CASEFri 18 Sep 2026

People v. Superior Court

Cal. Ct. App. · denied

Whether a court may order a defendant seeking pretrial mental health diversion to submit to examination by a prosecution-retained expert.

CASEFri 18 Sep 2026

S.D. v. Reese

9th Cir. · vacated

Whether statistical disparity alone shows a prison policy of default male housing supporting class-wide Eighth Amendment injunctive relief.

CASEFri 18 Sep 2026

State v. Aldemur

Ohio Ct. App. · affirmed in part

Whether failing to hold a competency hearing after ordering an evaluation that was never completed is harmless error.

2026 Ohio 3628

CASEFri 18 Sep 2026

State v. Whitten

Ohio Ct. App. · affirmed

Whether failing to hold a statutorily mandated competency hearing is harmless error where the record shows no indicia of incompetency.

2026 Ohio 3637

CASEFri 18 Sep 2026

Benjamin Davis Smiley, Jr. v. State of Florida & Benjamin Davis Smiley, Jr. v. Secretary, Department of Corrections

Fla. Sup. Ct. · affirmed

Whether trial counsel was ineffective for not rebutting ballistics evidence or developing brain-aneurysm mitigation in a capital case.

CASEThu 17 Sep 2026

People v. Chambers

Appellate Court of Illinois · affirmed

Whether an 18-year-old's 42-year murder sentence states an as-applied proportionate penalties claim warranting an evidentiary hearing.

2026 IL App (4th) 250934

CASEThu 17 Sep 2026

In re D.C.

Ohio Ct. App. · affirmed

Whether conduct driving successive counsel to withdraw impliedly waives a parent's right to counsel at a permanent custody hearing.

2026 Ohio 3622

CASEThu 17 Sep 2026

Matter of State of New York v. Ernest D.

Appellate Division of the Supreme Court of the State of New York · affirmed

Whether nonsexual violations of a SIST regimen, such as drug use, can support confinement as a dangerous sex offender.

2026 NY Slip Op 05312

CASEWed 16 Sep 2026

Commitment of A A

Ind. Ct. App. · affirmed in part

Whether routine transport, staffing, and cost concerns constitute good cause to hold a civil commitment review hearing remotely.

CASEWed 16 Sep 2026

Maurice Forte v. State of Mississippi

Miss. Ct. App. · affirmed in part

Whether excluding a defendant's hospital records for lack of a sponsoring witness denied him the right to present an insanity defense.

CASEWed 16 Sep 2026

State v. Fomo

Conn. Sup. Ct. · affirmed

Whether admitting an undisclosed police witness's expert testimony defining "grooming" in a child sexual abuse trial was harmful error.

CASEFri 11 Sep 2026

Powers v. McDonough

9th Cir. · denied

Whether the Rehabilitation Act requires a federal agency to build housing so disabled homeless veterans can access its medical care.

CASEFri 11 Sep 2026

Holick v. Boston Medical Center

Massachusetts Appeals Court · affirmed in part

Whether a physician's informal complaints about colleagues' diagnoses are protected reports under the health care whistleblower statute.

CASEFri 11 Sep 2026

State v. Hunter

Kan. Sup. Ct. · vacated

Whether a court may impose a guidelines prison sentence and simultaneously order commitment to a state security hospital for treatment.

CASEFri 11 Sep 2026

State v. Trickle

Kan. Sup. Ct. · affirmed

Whether expert psychological-autopsy testimony that a decedent was at low risk for suicide invades the jury's province in a murder trial.

CASEFri 11 Sep 2026

Matter of Derius L

Alaska Sup. Ct. · affirmed

Whether a court plainly errs by ordering 90-day commitment without inquiring whether the respondent was offered voluntary treatment.

2026 WL 2673474

CASEFri 11 Sep 2026

Tracey Edwards v. Benita Witherspoon

4th Cir. · affirmed in part

Whether shackling a prisoner in labor and denying her opioid use disorder medication postpartum states Eighth Amendment and ADA claims.

CASEFri 11 Sep 2026

In re Guardianship of Judy

Ohio Ct. App. · affirmed

Whether a probate court may appoint an independent agency rather than a parent as guardian of an incompetent adult based on best interest.

2026 Ohio 3545

CASEFri 11 Sep 2026

State v. Barnes

Ohio Ct. App. · affirmed

Whether a juvenile court must state detailed reasons for transferring a juvenile despite an expert's opinion favoring retention.

2026 Ohio 3558

CASEThu 10 Sep 2026

Luther Poynter v. Aaron Shirley

6th Cir. · vacated

Whether a pretrial detainee's failure-to-protect claim requires subjective awareness of risk or only objective unreasonableness.

CASEThu 10 Sep 2026

Adom v. California Department of Corrections and Rehabilitation

9th Cir. · reversed

Whether a prison's finding that incontinence supplies are not medically necessary excuses its duty to accommodate under ADA Title II.

CASEThu 10 Sep 2026

M. v. Aledo

5th Cir. · affirmed

Whether parents may consent to only some assessments in a district's proposed initial IDEA evaluation and still trigger its FAPE duty.

CASEThu 10 Sep 2026

In re A.H.

Cal. Ct. App. · reversed

Whether an intervening tribe is presumptively entitled to inspect a guardian's court-ordered psychological evaluation without a petition.

CASEThu 10 Sep 2026

Dept. of Health v. Thompson

Md. Ct. App. · vacated

Whether a court may sanction a health agency by ordering it to admit incompetent defendants in chronological order regardless of acuity.

CASEThu 10 Sep 2026

United States v. Bayne

10th Cir. · dismissed

Whether an order for a detained defendant to undergo a competency evaluation is immediately appealable under the collateral-order doctrine.

CASEThu 10 Sep 2026

Scottsdale Ins. Co. v. Seven Cntys. Servs., Inc.

6th Cir. · affirmed

Whether a staff restraint of a child at a behavioral care facility is a 'professional service' excluded from the duty to indemnify.

CASEThu 10 Sep 2026

Lora Nadine Baxter-Balmer v. State of Indiana

Ind. Ct. App. · reversed

Whether an examiner's inability to opine on sanity due to intoxication creates a conflict permitting rejection of an insanity defense.

CASEThu 10 Sep 2026

State v. Reed

Ohio Ct. App. · affirmed in part

Whether the Second Amendment permits presumptively permanent disarmament based on a juvenile adjudication for violent firearm conduct.

2026 Ohio 3423

CASEThu 10 Sep 2026

Emily A. Bickford v. Matthew A. Bradeen

Supreme Judicial Court of Maine · affirmed

Whether strict scrutiny, not the best-interest standard, governs allocating religious decision-making between parents.

2026 ME 94

CASEThu 10 Sep 2026

United States v. Crow

10th Cir. · affirmed

Whether Rule 16 requires pretrial disclosure of government expert rebuttal countering a defense expert opinion the defense never disclosed.

CASEThu 10 Sep 2026

United States v. Wilson

10th Cir. · affirmed

Whether an expert's diagnosis of child abuse and neglect and testimony on expected parental response invade the jury's province.

CASEThu 10 Sep 2026

Vance v. Aldrich

10th Cir. · affirmed in part

Whether a county policy of never seeking extreme risk protection orders is affirmative conduct under the state-created-danger theory.

CASEThu 10 Sep 2026

Jonathan Michael Burton v. Dr. G. Espino

11th Cir. · reversed

Whether a doctor's refusal to treat an inmate, allegedly because of his grievances, raises triable Eighth and First Amendment claims.

CASEThu 10 Sep 2026

People v. G.O.

Appellate Division of the Supreme Court of the State of New York · affirmed

Whether nonpecuniary harm from a delayed competency-restoration transfer is an actual loss supporting an indemnifying contempt fine.

2026 NY Slip Op 05242

CASEThu 10 Sep 2026

E. W. v. Mt. Vernon Community School Corporation

7th Cir. · affirmed

Whether the ADA or Section 504 requires a manifestation-determination meeting before denying a disabled student's reenrollment.

CASEThu 10 Sep 2026

Dr. Lesley Williams v. Board of Regents of the University System of Georgia

11th Cir. · affirmed

Whether a medical resident with PTSD whose requested accommodations were denied before dismissal can survive summary judgment.

CASEThu 10 Sep 2026

United States v. Matthew Frazier

7th Cir. · affirmed

Whether a defendant's report of ongoing hallucinations at a jury-waiver colloquy required a sua sponte second competency hearing.

CASEThu 10 Sep 2026

State v. Keith

Ohio Ct. App. · affirmed

Whether a petitioner's claimed mental illness and limited literacy excuse the diligence required to avoid the postconviction time bar.

2026 Ohio 3286

CASEThu 10 Sep 2026

In re Matthew V.

Connecticut Appellate Court · affirmed

Whether an agency's failure to facilitate a parent's training in a child's feeding-tube care defeats a reasonable efforts finding.

CASEThu 10 Sep 2026

TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO

Fla. Dist. Ct. App. · affirmed in part

Whether an adult child of a ward is an interested person with standing to contest an attorney fee award in the guardianship.

CASEThu 10 Sep 2026

Shane Romine Borrego v. State of Iowa

Iowa Ct. App. · affirmed

Whether undocumented assertions of low IQ and mental illness raise a fact issue precluding summary disposition of a postconviction claim.

CASEThu 10 Sep 2026

State v. Carlson

Ohio Ct. App. · affirmed

Whether a trial court may impose discretionary fines on an indigent defendant who claims no present or future ability to pay.

2026 Ohio 3462

PAPERTue 8 Sep 2026

Surrogate Decision-Making in Carceral Healthcare.

J Gen Intern Med. 2026;41(10):2956-2960.

CASETue 8 Sep 2026

Fish v. Extreme Enterprises of Marion County, Inc., Extreme Lawn Care

Fla. Dist. Ct. App. · remanded

Whether guardianship expenses required for an incapacitated injured worker to pursue workers' compensation benefits are reimbursable.

CASETue 8 Sep 2026

State v. Toste

Conn. Sup. Ct. · affirmed

Whether a court ruling on a sentence modification motion may rely on the parole board's prior denials of parole and commutation.

PAPERTue 8 Sep 2026

Ethics in Telepsychiatry.

Psychiatr Clin North Am. 2025;49(3):505-516.

CASETue 8 Sep 2026

O. C. v. W. I.

Connecticut Appellate Court · affirmed

Whether a court may award joint legal custody and unsupervised visitation without ordering a psychological evaluation of a parent.

CASETue 8 Sep 2026

In re: Guardianship of E.K.

Hawaii Intermediate Court of Appeals

PAPERTue 8 Sep 2026

Psychiatric Hospitalization.

Psychiatr Serv. 2026;77(8):703-704.

PAPERFri 4 Sep 2026
CASEMon 31 Aug 2026

Davis v. Dist. Ct. (Ohanian)

Nev. Sup. Ct. · denied

Whether a psychology board regulation barring disclosure of psychological test data overrides a court's discovery order.

142 Nev. Adv. Op. No. 58

CASEMon 31 Aug 2026

In the Matter of Mishra

Court of Special Appeals of Maryland · affirmed

CASEMon 31 Aug 2026

Conservatorship of K.L.

Cal. Ct. App. · reversed

Whether a written citation alone, with no advisement by court or counsel, suffices for a knowing jury waiver in an LPS conservatorship.

CASEMon 31 Aug 2026

In the Interest of: C.L.

Pa. Super. · reversed

Whether out-of-home placement is the least restrictive option for a juvenile whose recommended therapy is available only at home.

2026 Pa. Super. 190

PAPERMon 31 Aug 2026
CASEMon 31 Aug 2026

New Kent County Department of Social Services v. Autumn Surran

Va. Ct. App. · affirmed

Whether a parent's lack of contact during involuntary psychiatric hospitalization, with no agency services provided, warrants termination.

CASEMon 31 Aug 2026

TANUK S. (A Minor) v. STATE OF ALASKA, DEPARTMENT OF FAMILY & COMMUNITY SERVICES, OFFICE OF CHILDREN'S SERVICES, NATIVE VILLAGE OF HOOPER BAY, and JENNY S

Alaska Sup. Ct. · affirmed

Whether a child under twelve may use counsel's objection to nullify a guardian ad litem's waiver of the psychotherapist-patient privilege.

2026 WL 2543397

CASEMon 31 Aug 2026

In Re: Phyllis Moyer Maynor

Ga. Ct. App. · affirmed

Whether a verified guardianship termination petition with unsworn medical letters meets the statutory affidavit requirement for a hearing.

PAPERMon 31 Aug 2026
CASEMon 31 Aug 2026

United States v. Jeremy Burton

8th Cir. · affirmed

Whether expert testimony on drug-induced unconsciousness is admissible to negate knowing possession in a felon-in-possession prosecution.

PAPERMon 31 Aug 2026

An Epistemology for Forensic Psychiatry.

J Am Acad Psychiatry Law. 2026.

CASEMon 31 Aug 2026

State of Louisiana v. Seth T. Strickland

La. Ct. App. · affirmed in part

Whether a trial court must revisit a restored defendant's competency before trial or sentencing absent any new bona fide doubt of capacity.

CASEMon 31 Aug 2026

Aaron Shaw v. State of Florida

Fla. Dist. Ct. App. · affirmed

Whether voluntarily disengaging from an annual Jimmy Ryce probable cause hearing after notice defeats a due process claim.

CASEMon 31 Aug 2026

Ex Parte Randy Louis Dupree v. the State of Texas

Texas Court of Appeals, 9th District (Beaumont) · dismissed

Whether requiring a civilly committed sexually violent predator to wear a GPS monitor inside the treatment center is punitive as applied.