Dr. Wilkie Wilson’s testimony on decedent’s behavior being consistent with methamphetamine intoxication violated Rule 702(a)(1), where he had not examined the decedent and based his opinion on witness statements and a medical report from 2014.
Several attorneys have asked about having in-custody clients evaluated for competency or purposes during the COVID-19 pandemic. I’ve talked with experts about their availability and many are available, if appropriate measures to ensure safety are in place during the mental health evaluation. There isn’t a one-size-fits-all approach to how to conduct these necessary evaluations, but …
This PowerPoint presentation created by Lisa Miles provides helpful tips for North Carolina attorneys regarding the voluntary intoxication, diminished capacity or automatism defense
Jeff Welty discusses the increasing use of diminished capacity defenses in North Carolina. Post provides helpful cites of recent North Carolina cases in which the diminished capacity defense was used.
North Carolina statutes on Mental Health defenses.
Published by the American Psychiatric Association, the DSM* uses standard language and criteria for the classification of mental disorders and is relied upon by clinicians and researchers to diagnose and classify mental disorders. *Since its initial publication the DSM has been updated seven times. The most current version, updated in 2013, is the 5th edition …