Self-Representation by the Mentally Ill Is Curbed

A mentally ill defendant who is nonetheless competent to stand trial is not necessarily competent to dispense with a lawyer and represent himself, the Supreme Court ruled. The court said that judges could “take realistic account of the particular defendant’s mental capacities” and, in the interest of achieving a fair trial, deny the constitutional right to self-representation that criminal defendants ordinarily enjoy. The 7-to-2 decision overturned a ruling by the Indiana Supreme Court that had found that a schizophrenic man was entitled to a new trial on a charge of attempted murder because the trial judge had improperly denied his request to represent himself. The defendant, Ahmad Edwards, who was sometimes quite coherent and at other times decidedly not so, had differed with his lawyer over defense strategy. He wanted to argue self-defense, while his lawyer wanted to present a defense based on lack of intent. Mr. Edwards had fired a gun at a department store security officer after trying to steal a pair of shoes. He was found competent to stand trial after two psychiatric hospitalizations over three years after the shooting. A landmark Supreme Court decision in 1975, Faretta v. California, established the right to self-representation as a basic constitutional right.  Writing for the majority on Thursday, Justice Stephen G. Breyer said the question in this case was answered neither by the Faretta decision, which did not involve a competency issue, nor by a subsequent decision that permitted a mentally ill defendant to waive the right to counsel and plead guilty. Conducting a defense at trial without a lawyer’s help requires a higher degree of competence, Justice Breyer said.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/2008/06/20/washington/20legal.html?_r=1&ref=health&oref=slogin

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.

Jupiter Medical Center Buys Trilogy System

Jupiter Medical Center said it has a bought an image-guided radiotherapy (IGRT) and radiosurgery (IGRS) system for treating cancer and neurological lesions. The hospital paid $3.1 million for the Trilogy, from Varian Medical Systems. JMC said that the system delivers conventional forms of radiation therapy faster and more accurately than other procedures, can be used for stereotactic approaches to treat very small lesions and early metastases with a high dose of radiation quickly ands compensate for any movements a patient might make during treatment. “Better diagnostic tools are making it possible for us to see tumors much earlier, when they’re still very small, so stereotactic radiotherapies are likely to play a much larger role in the future of cancer care,” said Dr. David Herold, JMC’s medical director of radiation oncology in a news release. “Trilogy will enable us to treat patients with the most advanced radiotherapy techniques, using the most clinically efficient processes in the world. It provides us with tremendous versatility and precision for customizing treatments according to the specifics of each patient’s case.”

Please click on the link below to read the South Florida Business Journal article:

http://www.bizjournals.com/southflorida/stories/2008/06/16/daily16.html?f=et81&ana=e_du

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.