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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.

abusive childhoodpenalty phasemitigating circumstance death sentenceexcluding evidencecapital punishment
(2006)

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.

memorytraumadissociationamnesiarepressionposttraumatic stress disordersexual abusePTSD
(2005)

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.

ineffective assistancechildhood abuseneglectlife sentenceevidence
(2003)

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.

battered woman's syndromecycle of violencedomestic abuseexpert testimonyabuseintimate partner violencepsychological effects of abusedomestic violence awareness
(2002)

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.

firefighter PTSDoccupational diseaseworkers comptraumatic emergency eventsneurobiological changeswork-related PTSDemergency responder mental healthfirst responder
(2002)

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.

PTSDbodily injuryemotional traumaneurological changesstructural brain changesemotional injuryverifiable neurological changesbrain changes
(2001)

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.

repressed memoryexpert testimony
(2000)

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.

(2000)

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.

repressed memorychildhood sexual abuseRule 702Daubert standardssexual abusememory evidencealleged abuse
(1996)

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.

unsanitary confinementsleep deprivationdisruptions8th Amendmentbasic needssleep
(1995)

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.

Pelican Bay State Prison8th Amendmentexcessive forceinadequate carementally ill inmatessolitary confinement prison conditionmental healthprisoner rightscruel and unusual punishment
(1995)

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.

rape convictionnew trialPTSDconversion disordersexual assaultevidence
(1992)

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.

postconviction reliefnew trialbattered woman's syndromedomestic violenceabuse
(1992)

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.

recoveryemotional traumawitnessingfamily memberdeathcar accident
(1991)

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.

habeas reliefineffective counselVietnam veteransevere PTSDsentencingomitted evidence
(1991)