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CCA ruling let juries hear about mental impairment, but not always from the mentally impaired

A couple of notable items from the Texas Court of Criminal Appeals related to mental illness:The search for diminished capacity in Texas lawFirst, from the Fort Worth Star Telegram, Martha Deller has the story, "Appellate rulings sought to set guidelines for mental impairment defenses" (May 10), which opens: No one knows for certain why a Tarrant County jury rejected a defense related to post-traumatic stress disorder in the murder trial of Marine veteran Eric Acevedo.But legal experts agree that the Texas Court of Criminal Appeals needs to rule more definitively whether evidence of mental impairment -- short of the tougher insanity defense -- is admissible in deciding guilt or innocence, and if so, when and how it can be used.Texas hasn't allowed jurors to consider mental health issues, short of insanity, in determining a defendant's guilt...continue to full post

Full post as published by Grits for Breakfast on May 11, 2010 (boomark / email).