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First, it points to a difficult issue in competency evaluations. Although the standards for competency were set forth in Dusky v. United States, [5] much of the standard remains ambiguous and is not clearly defined. Only one common principle is clear in forensic evaluations, that forensic evaluators cannot reach a finding independent of the ...
In the Eighth Circuit, the court rejected Bucklew's facial challenge, as well as turned down his as-applied challenge as given but allowed Bucklew's case to be reheard if he could demonstrate that there was a feasible alternative, as per Baze. [9] Prior to the rehearing, the Supreme Court concluded in Glossip v.
The Competency Screening Test was developed by researchers at the Harvard Laboratory of Community Psychiatry in 1971. The test uses 22 fill in the blank style questions such as "If the jury finds me guilty, I will _____." Each answer is given a score of 0 (incompetent), 1 (uncertain competence), or 2 (competent).
Reassigned to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891: Caldwell: AR: 1891–1903 Hook: KS: 1903–1921 Lewis: CO: 1921–1929 Reassigned on February 28, 1929, to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
Pages in category "United States Court of Appeals for the Eighth Circuit cases" The following 13 pages are in this category, out of 13 total. This list may not reflect recent changes .
The Eighth Circuit ruled in Dansby v. Norris that "Martinez" does not apply in states that allow ineffective assistance claims on direct appeal. The Fifth Circuit ruled in Gates v. Thaler that Martinez did not apply in Texas but the Supreme Court reversed in Trevino v. Thaler. [5]
Ford v. Wainwright, 477 U.S. 399 (1986), was a landmark U.S. Supreme Court case that upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of their competency to be executed.
The U.S. Supreme Court unanimously affirmed the Eighth Circuit's ruling in a decision delivered by Justice John Paul Stevens. The Court held that federal Medicaid law did not authorize ADHS to assert a lien on Ahlborn's settlement in excess of the stipulated amount for past medical expenses, and that the federal anti-lien provision furthermore ...