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Research ArticleRegular Article

PTSD as a Criminal Defense: A Review of Case Law

Omri Berger, Dale E. McNiel and Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online December 2012, 40 (4) 509-521;
Omri Berger
Dr. Berger is Assistant Clinical Professor, Dr. McNiel is Professor of Clinical Psychology, and Dr. Binder is Professor of Psychiatry and Director of the Program in Psychiatry and the Law, Department of Psychiatry, University of California, San Francisco, San Francisco, CA.
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Dale E. McNiel
Dr. Berger is Assistant Clinical Professor, Dr. McNiel is Professor of Clinical Psychology, and Dr. Binder is Professor of Psychiatry and Director of the Program in Psychiatry and the Law, Department of Psychiatry, University of California, San Francisco, San Francisco, CA.
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Renée L. Binder
Dr. Berger is Assistant Clinical Professor, Dr. McNiel is Professor of Clinical Psychology, and Dr. Binder is Professor of Psychiatry and Director of the Program in Psychiatry and the Law, Department of Psychiatry, University of California, San Francisco, San Francisco, CA.
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    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. Duggan19Federal1984Insanity†Conviction affirmed
    Gentry v. State20Tennessee1984Insanity†Conviction affirmed
    State v. Percy21Vermont1988Insanity†Conviction reversed and remanded
    Commonwealth v. Tracy22Massachusetts1989Insanity†NGRI of armed robbery; conviction of firearms possession affirmed
    United States v. Whitehead23Federal1990Insanity‡Conviction affirmed
    State v. Wilson24Louisiana1991Insanity‡Conviction affirmed
    State v. Angel25North Carolina1991Insanity‡Conviction affirmed
    People v. Rodriguez26New York1993Insanity‡Conviction affirmed
    United States v. Long Crow27Federal1994Insanity‡Conviction affirmed
    United States v. Cartagena-Carrasquillo28Federal1995Insanity‡Conviction affirmed
    United States v. Rezaq29Federal1996Insanity‡Allowing of insanity defense affirmed
    State v. Page*30North Carolina1997Insanity‡Conviction affirmed
    United States v. Calvano*31Federal2009Insanity‡Conviction 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.

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    Table 2

    Unpublished Cases in Which PTSD Was Successfully Presented as the Basis for an Insanity Defense

    Case NameJurisdictionYearCriminal DefenseVerdict
    State v. Heads56Louisiana1980InsanityNGRI
    State v. Cocuzza57New Jersey1981InsanityNGRI
    State v. Wood58Illinois1982InsanityNGRI
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Journal of the American Academy of Psychiatry and the Law Online: 40 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 40, Issue 4
1 Dec 2012
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PTSD as a Criminal Defense: A Review of Case Law
Omri Berger, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Dec 2012, 40 (4) 509-521;

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PTSD as a Criminal Defense: A Review of Case Law
Omri Berger, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Dec 2012, 40 (4) 509-521;
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