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Commonwealth v. May
The court ruled it was an error to exclude evidence of the defendant's abusive childhood during sentencing. This evidence could have influenced the death penalty decision.
Debunking Myths About Trauma and Memory
Experts find traumatic events are remembered clearly, contrary to theories of traumatic amnesia. Evidence does not support claims that dissociation or repression cause significant memory loss for trauma.
Wiggins v. Smith
The Supreme Court ruled that a lawyer's failure to investigate a client's severe childhood abuse constituted ineffective assistance, making a life sentence probable.
State v. Weaver
The South Dakota Supreme Court allowed expert testimony on battered woman's syndrome and the cycle of violence. This helps explain why victims might recant statements or return to abusive partners.
Fairfax County Fire & Rescue Department v. Mottram
The Court ruled a firefighter's PTSD was an occupational disease. Repeated traumatic work exposures caused neurobiological changes, making his condition eligible for workers' comp.
Turturro v. Cont'l Airlines
A court ruled PTSD alone is not a bodily injury. However, verifiable neurological brain changes caused by emotional trauma may qualify as a bodily injury.
Logerquist v. McVey
The Arizona Supreme Court ruled experts can testify that childhood trauma causes repressed memories later recalled. The court left memory accuracy and credibility to juries, rejecting broad application of scientific admissibility tests.
State v. Bottrell
The court found PTSD is a generally accepted condition that can cause diminished capacity. Expert testimony linking PTSD flashbacks to impaired intent was admissible to negate murder intent.
Shahzade v. Gregory
The court permitted the use of repressed memory evidence of alleged childhood sexual abuse, finding it met the standards for expert testimony.
Woods v. Edwards
The 5th Circuit ruled that claims of unsanitary confinement and constant sleep deprivation are sufficient for an 8th Amendment case, recognizing sleep as a basic human need.
Madrid v Gomez
The court ruled Pelican Bay State Prison conditions violated the 8th Amendment due to excessive force and inadequate care. Placing mentally ill inmates in solitary confinement was likened to depriving an asthmatic of air.
State v. Hall
The North Carolina Supreme Court reversed a rape conviction, ruling that PTSD and conversion disorder evidence can corroborate testimony, but not prove sexual assault. A new trial was ordered.
McMaugh v. State
The Rhode Island Supreme Court ordered a new trial, recognizing battered woman's syndrome. Years of abuse prevented the defendant from assisting counsel and presenting an independent defense.
Shuamber v. Henderson
A crash victim may recover for serious emotional distress from witnessing a family member’s death in the same crash, even if their own physical injuries are minor.
Weaver v. Warden, Nevada State Prison
The Nevada Supreme Court ruled a veteran’s lawyer was ineffective for not presenting evidence of severe PTSD during sentencing. This omission may have changed the sentence.