After Ernest Benjamin Smith was indicted in Texas for murder, the State announced its intention to seek the death penalty. At an ensuing psychiatric examination, ordered by the trial court to determine Smith's competency to stand trial and conducted...

Petitioner Barefoot was convicted of capital murder in a Texas state court after a jury trial. A separate sentencing hearing was then held before the same jury to determine whether the death penalty should be imposed. One of the questions submitted to...

Jones, a convicted felon, was transferred from state prison to a mental hospital pursuant to a Nebraska statute ( § 83-180 (1) ) which provided that if a designated physician or psychologist found that a prisoner "suffers from a mental disease...

Defendant Alford was indicted for first-degree murder. At that time, North Carolina law provided for the penalty of life imprisonment when a plea of guilty was accepted to a first-degree murder charge; for the death penalty following a jury verdict of...

Respondent J. W. Gamble, an inmate of the Texas Department of Corrections, was injured on Nov. 9, 1973, while performing a prison work assignment. On Feb. 11, 1974, he instituted a civil rights action in federal district court under 42 U.S.C.S. §...

Leroy Powell was arrested and charged with being found in a state of intoxication in a public place, in violation of Art. 477 of the Texas Penal Code. He was tried in the Corporation Court of Austin and found guilty. He appealed to the County Court of...

One month after Ake v. Oklahoma was decided, Alabama charged petitioner McWilliams with rape and murder. Finding him indigent, the trial court appointed counsel, who requested a psychiatric evaluation of McWilliams. The court granted the motion and the...

By: Emily D. Zimmer and Lynne S. Wakefield , K&L Gates LLP EMPLOYER-SPONSORED WELLNESS PROGRAMS HAVE become increasingly common as employers attempt to control rising healthcare costs and improve employees’ overall health and productivity...

These guidelines will assist you in implementing a wellness program that complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Patient Protection and Affordable Care Act of 2010 (ACA), the Americans with Disabilities...

This checklist is designed for attorneys representing health plans who are asked to draft or review an agreement with healthcare providers who will be part of the plan’s provider network. It highlights key legal and business points for you to consider...