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Browse Hafemeister, Thomas L.

1-50 out of 50 article(s)
Title Type Date Words
A failure to pursue an insanity defense on behalf of an individual with a mental illness does not necessarily constitute ineffective assistance of counsel. Jan 1, 2009 1282
Supreme Court rules that FDA approval of the safety risks listed on a medication's label does not immunize manufacturers from state tort claims for a failure to warn of other dangers from ingesting the medication. Jan 1, 2009 2131
Virginia courts wrestle with case involving homicide defendant diagnosed as having a dissociative identity disorder. Jan 1, 2009 2854
Federal Court of Appeals reverses state court finding that defendant was not guilty by reason of insanity; expert testimony establishing defendant's insanity unreasonably rejected; ruling not disturbed by Supreme Court. Jan 1, 2009 1631
A mental health expert potentially violates a criminal defendant's constitutional rights by referring during testimony to the defendant's refusal to speak during an evaluation; ruling not disturbed by Supreme Court. Jan 1, 2009 861
In California, psychiatrist not liable following patient's unexpected attack on neighbor's family. Jan 1, 2009 1355
Developments in the United States Supreme Court. Jul 1, 2008 4152
Supreme Court of Virginia holds that the University of Virginia Health Services Foundation is not entitled to assert charitable immunity doctrine as a defense to lawsuits. Jul 1, 2008 1707
Virginia Court of Appeals refuses to terminate parental rights of child placed in foster care after mother required hospitalization following a psychotic episode; parents found to have substantially remedied in a timely manner the conditions that led to the child's removal. Jul 1, 2008 1040
Supreme Courts of Ohio and Iowa rule that pre-trial statements made by a child are generally inadmissible at trial if the police were involved in obtaining the statements and the defendant has not had an opportunity to cross-examine the child; United States Supreme Court declines to review rulings. Jul 1, 2008 1981
Texas Court of Appeals holds that a hospital had no duty to protect from harm three individuals, including an ex-wife, who a depressed, paranoid, and suicidal patient murdered after leaving the hospital. Jul 1, 2008 1129
Government agrees to compensate family that claims childhood vaccinations caused autism; implications of settlement are contested. Jul 1, 2008 1535
Hearsay testimony regarding earlier statements made by a child victim who is now unwilling to testify are admissible under the federal Constitution; ruling not disturbed. Jan 1, 2008 1100
Compensatory and punitive damages are imposed on Oklahoma state officials who were found to have violated the First Amendment when they retaliated against private mental health providers who had challenged politically the limited availability of funding for their services; ruling not disturbed. Jan 1, 2008 1587
Virginia Supreme Court rules insufficient foundation provided by Commonwealth to permit plethysmograph testing conducted as part of psychosexual evaluation to be admitted into evidence at sentencing hearing. Jan 1, 2008 979
Virginia Supreme Court limits use of learned treatises in lieu of experts to establish facts at trial. Jan 1, 2008 524
Virginia Court of Appeals (1) limits application of "settled insanity" defense to instances where substance abuse leads to a permanent or "fixed" state of insanity, (2) places burden of proof for establishing involuntary intoxication on the defendant. Jan 1, 2008 1025
Company producing OxyContin and three executives plead guilty to federal charges of misbranding. Jan 1, 2008 1084
Virginia passes legislation intended to expand the state's ability to mandate involuntary hospitalization and out-patient civil commitment for individuals with a mental illness. Jan 1, 2008 1430
Hospital emergency room cannot tell ambulance staff who have called ahead to take prospective patient to another facility unless hospital is on diversionary status. Jan 1, 2008 852
FDA regulation of labels on medications preempts "failure-to-warn" lawsuits asserting that manufacturers of SSRIs failed to adequately warn of a risk of suicide purportedly associated with these medications. Jan 1, 2008 1932
Criminal prosecutions target "dumping" of homeless patients with a mental illness. Jan 1, 2008 877
Concerns arise over mental health care in Texas and the District of Columbia. Jan 1, 2008 1238
Federal agency announces plan to scrutinize more closely funding for health and mental health care services. Jan 1, 2008 1145
Attention focuses on marketing of atypical antipsychotic medications for children. Jan 1, 2008 510
Claim that state violated ADA by not providing sufficient funding for home and community-based Medicaid-funded services for adults with a developmental disability not barred by sovereign immunity. Jan 1, 2007 538
Courtroom can be cleared before a child victim testifies; ruling not disturbed. Jan 1, 2007 492
Constitutional claim for forcible removal by police from home for mental health treatment dismissed; ruling not disturbed. Jan 1, 2007 450
Fourth Circuit rejects various mental health-related claims asserted by capital defendant and affirms death penalty; ruling not disturbed. Jan 1, 2007 678
Citing school district's authority to protect and promote the mental health of its students, Ninth Circuit upholds administration of a psychological survey to elementary school children that probes various sexual topics; ruling not disturbed. Jan 1, 2007 1000
No "recent overt act" required to justify civil commitment of sexually violent predator; ruling not disturbed. Jan 1, 2007 736
Parents of a developmentally disabled autistic adult lack standing to pursue federal civil rights action on behalf of a daughter removed from their home once permanent conservator appointed; ruling not disturbed. Jan 1, 2007 416
Trial verdict assigning death penalty to Daryl Atkins because jury found he was not mentally retarded reversed because of improper expert testimony and inappropriate jury instructions. Jan 1, 2007 1000
Correct calculation of inmate's score on designated actuarial instrument a prerequisite for an inmate to be civilly committed in Virginia as a sexually violent predator. Jan 1, 2007 662
Experience can qualify an individual as an expert witness and a licensed professional counselor can provide testimony that a purported victim of child sexual abuse suffers from PTSD. Jan 1, 2007 569
Suicide attempt does not automatically establish grounds for ordering an evaluation of a defendant's competence to stand trial. Jan 1, 2007 654
In federal court, a forensic psychologist can disclose information to a jury that constitutes hearsay if its probative value substantially outweighs its prejudicial effect; Fourth Circuit does not address Crawford issue. Jan 1, 2007 711
Criminal defendant found to lack rational understanding of the proceedings and determined to be incompetent to stand trial. Jan 1, 2007 405
Man who attempted to commit suicide after discharge from emergency room can pursue EMTALA and medical malpractice claim against hospital. Jan 1, 2007 538
"State-created danger" doctrine can be used to hold a municipality and its police officer liable for a federal constitutional claim that the officer wrongfully placed a woman in peril from a teenager known to be violent and failed to notify and protect the woman as promised. Jan 1, 2007 1312
Defendant who initiates an appeal of his death sentence can not later waive the appeal, even though he has been found competent and his waiver is determined to be voluntary. Jan 1, 2007 1738
Federal judge enjoins California law that would limit the access of minors to violent video games. Jan 1, 2007 519
Medicaid Act does not require states to provide services to individuals with a developmental disability. Jan 1, 2007 1108
Forced grooming found to constitute patient abuse and to be grounds for removal of psychiatric nurse from her position. Jan 1, 2007 563
Before liability can be imposed, plaintiff must show not only that a patient's suicide was foreseeable, but also establish the applicable standard of care, that the psychiatrist breached this standard, and that the breach was a proximate cause of the suicide. Jan 1, 2007 839
Alaska Supreme Court joins other states in ruling that, unless there is an emergency, psychotropic medication can be administered over objection to an involuntarily hospitalized person only if a judge first finds that the medication is in the person's best interests and no less intrusive treatment is available. Jan 1, 2007 1229
Conviction of mother who had been found guilty of criminal charge for failing to maintain adequate home conditions for child who committed suicide overturned. Jan 1, 2007 1091
New Jersey statute shielding mental health practitioners from liability does not apply when practitioner has abandoned a patient who subsequently commits suicide. Jan 1, 2007 862
New York's involuntary hospitalization of sex offenders upon release from prison ruled illegal. Jan 1, 2007 516
Oklahoma psychiatrist responding to a mental health emergency protected by good Samaritan statute. Jan 1, 2007 646

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