Table 1

Published Cases in Which PTSD Was Presented as a Criminal Defense

Case NameJurisdictionYearLegal IssueOutcome
Shepard v. State*15Alaska1993AdmissibilityReversed denial of PTSD expert
Doe v. Superior Court16California1995AdmissibilityReversed denial of PTSD expert
Houston v. State17Alaska1979InsanityConviction reversed and remanded
State v. Felde*18Louisiana1982InsanityConviction affirmed
United States v. Duggan19Federal1984InsanityConviction affirmed
Gentry v. State20Tennessee1984InsanityConviction affirmed
State v. Percy21Vermont1988InsanityConviction reversed and remanded
Commonwealth v. Tracy22Massachusetts1989InsanityNGRI of armed robbery; conviction of firearms possession affirmed
United States v. Whitehead23Federal1990InsanityConviction affirmed
State v. Wilson24Louisiana1991InsanityConviction affirmed
State v. Angel25North Carolina1991InsanityConviction affirmed
People v. Rodriguez26New York1993InsanityConviction affirmed
United States v. Long Crow27Federal1994InsanityConviction affirmed
United States v. Cartagena-Carrasquillo28Federal1995InsanityConviction affirmed
United States v. Rezaq29Federal1996InsanityAllowing of insanity defense affirmed
State v. Page*30North Carolina1997InsanityConviction affirmed
United States v. Calvano*31Federal2009InsanityConviction affirmed
People v. Lisnow32California1978UnconsciousnessConviction reversed
State v. Fields33North Carolina1989UnconsciousnessConviction reversed and remanded
State v. Kelly34New Jersey1984Self-defenseConviction reversed and remanded
United States v. Simmonds*35Federal1991Self-defenseConviction affirmed
Rogers v. State36Florida1993Self-defenseConviction reversed and remanded
State v. Janes37Washington1997Self-defenseAffirmed reversal of conviction and remanded
Harwood v. State38Texas1997Self-defenseConviction affirmed
State v. Sullivan39Maine1997Self-defenseConviction vacated
State v. Hines40New Jersey1997Self-defenseConviction reversed and remanded
Perryman v. State41Oklahoma1999Self-defenseConviction affirmed
State v. Mizell42Florida2000Self-defenseAllowing of PTSD testimony upheld
State v. Stuart*43Washington2006Self-defenseConviction affirmed
United States v. Cebian44Federal1985Mens reaConviction affirmed
State v. Warden45Washington1996Mens reaConviction reversed and remanded
State v. Bottrell46Washington2000Mens reaConviction reversed and remanded
United States v. Johnson47Federal1995MitigationSentence affirmed
United States v. Kim*48Federal2004MitigationSentence affirmed
Gilley v. Morrow49Federal2007MitigationSentence vacated and remanded
United States v. Cope50Federal2008MitigationSentence affirmed
In re Nunez51California2009MitigationSentence vacated and remanded
Hall v. Lee52Georgia2009MitigationSentence affirmed
Dever v. Kansas State Penitentiary*53Federal1992Ineffective assistanceHabeas petition denied
Seidel v. Merkle*54Federal1998Ineffective assistanceHabeas petition granted
Aguirre v. Alameida*55Federal2005Ineffective assistanceHabeas petition granted
  • * Case not described in the paper.

  • Jurisdiction uses the American Law Institute insanity standard.

  • Jurisdiction uses the M'Naughten insanity standard.