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Brief of Refugee Advocacy Organizations as Amici Curiae in Support of Respondents

The Ninth Circuit correctly ruled that appeals courts cannot make initial adverse credibility findings in asylum cases if the immigration judge and BIA did not. Courts must accept testimony as credible in such instances.

asylumimmigration judgecredibilitytraumapersecutiontestimony non-credible
(2021)

Brief of the Education Civil Rights Alliance, National Center for Youth Law, Juvenile Law Center, National Disability Rights Network, Education Law Center, et al. as Amici Curiae in Support of Appellants

The brief argues the District Court should have granted compensatory education to Havasupai Tribe members. This remedy would address the Bureau of Indian Education’s failure to provide a quality education, as required by law.

compensatory educationHavasupai TribeIndian Education ActAdministrative Procedure Acteducational services
(2021)

Brief of Advocates for Child Victims of Domestic Violence as Amici Curiae in Support of Petitioner

The brief argues that Texas wrongly reinstated a death sentence by ignoring evidence of a defendant's severe childhood trauma. It claims this evidence could have swayed a juror and aligns with prior Supreme Court rulings.

death rowmitigating evidenceadverse childhood experiencesdevelopmental psychologyhabeas hearingdeath penalty
(2021)

A Historic Opportunity to Update Asylum Law's Outdated Assumptions About Trauma and Memory

Asylum law often assumes memory is infallible, but trauma, stress, and culture can cause inconsistencies in stories. This misunderstanding leads to unfair denials, particularly for child and adolescent asylum seekers.

traumamemorycredibilityimmigrationmental healthasylum law
(2021)

How Trauma May Magnify Risk of Involuntary and False Confessions Among Adolescents

Most youth in the U.S. juvenile justice system have experienced trauma and often have PTSD. Research suggests a link between trauma exposure and false confessions, especially for adolescents who are more vulnerable.

adolescentjuveniletraumainterrogationconfession
(2021)

Predisplacement Abuse and Postdisplacement Factors Associated With Mental Health Symptoms After Forced Migration Among Rohingya Refugees in Bangladesh

Rohingya refugees in Bangladesh experience high rates of posttraumatic stress symptoms due to predisplacement abuse and ongoing camp stressors. This highlights the urgent need for mental health support.

PTSDrefugeeBangladeshabusepre and post displacement
(2021)

Brief of Amici Curiae Former Judges, Current and Former Prosecutors, Law Enforcement Officers, Juvenile Justice Officials, Correctional Officers, and Probation Officers in Support of Petitioner

The brief argues a trauma-informed approach is the constitutional standard of care for detained children. It asserts the district court erred by not applying this standard to alleged mental health care failures.

traumamental healthchildrenchild detaineestrauma-informed careadolescent brain development
(2020)

Brief Amici Curiae of the National Organization of Victims of Juvenile Murderers and Arizona Voice for Crime Victims, Inc. in Support of Respondent

The brief argues that individualized sentencing for youth, as per Miller, was met in this case. A new legal finding of incorrigibility would harm victims' families by forcing them to relive trauma through ongoing parole hearings.

permanent incorrigibilitylife without paroleLWOPvictimspossibility of parole
(2020)

Nelson v. Davis

The court rejected an ineffective counsel claim regarding evidence of childhood trauma but allowed a claim about failure to investigate other potential participants in a murder.

ineffective counselchildhood traumaPTSDpsychopathyviolencemurderfailure to investigate
(2020)

Andrus v. Texas

The Supreme Court ruled a lawyer failed to investigate and present evidence of a client's childhood trauma and mental illness. It sent the case back to Texas for further review.

mitigating evidencechildhood neglectfamily violencemental illnesstraumayouth incarceration
(2020)

Burr v. Department of Corrections

The court found a due process violation in 22 months of solitary confinement used to pressure an inmate. It ordered relief and limited such coercive segregation.

due process violationssolitary confinementcoercive segregationprolonged segregationhuman rightsprisoner's rightslegal precedent
(2020)

Wells v. State

The court affirmed a death sentence, despite testimony connecting childhood trauma and brain abnormalities to violent behavior. Challenges to excluded mitigation evidence were rejected.

Death sentence upheldmitigation evidencechildhood traumadevelopmental traumabrain abnormalitiesviolent behaviorcapital punishment
(2020)

State v. Kinney

The Vermont Supreme Court found rape trauma syndrome evidence admissible to explain victim behavior. However, testimony minimizing false reports was ruled improper credibility bolstering.

rape trauma syndromevictim behaviorDaubertfalse rape reportscredibilityexpert testimonylegal evidencesexual assaultevidence
(2020)

Brief of 21 Amici Curiae Groups Interested in Domestic Violence Issues and Women's and Immigrants' Rights, In Support of Petitioner

The brief argues a domestic violence survivor should receive immigration relief. It claims her past crime should be re-evaluated considering her mental state and coercion, and that she faces a high risk of torture if returned to Mexico.

domestic violencewithholding of removalimmigration judgesdangerousnessmental healthtrauma
(2020)

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant and Reversal

The brief argues that capital defense lawyers must fully investigate all potential mitigating evidence, including childhood abuse. It contends Gary Terry's lawyers failed this duty, not presenting readily available evidence of his abuse.

Capital defensemitigating evidencedeath penaltychildhood abusebrain damageneurological dysfunctionpenalty phase strategy
(2020)
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