Diminished Capacity

• U.S. Supreme Court to Decide: Can State Retroactively Abolish Diminished-Capacity Defense?

Was a state court's retroactive application of a rule abolishing the diminished-capacity defense so unexpected that it violated a defendant's due process rights? The U.S. Supreme Court has taken up the issue by agreeing to review a 6th Circuit ruling granting habeas relief to a criminal defendant.

• Lawyers USA
• January 28, 2013

• Our Diminished Capacity ; Manufacturing Jobs Victim of Recession, Global Competition

Millions of manufacturing jobs have disappeared across America since 2000, evaporating in a furnace-like blast of economic upheaval. U.S. factory employment fell from 17.3 million workers in the summer of 2000 to just 11.8 million last July, a drop of nearly 32 percent. While there has been a small uptick in manufacturing jobs during the past year, it doesn't come close to replacing what has been lost. It's been a disaster. We've never had a downturn of this scale," said Bob Baugh, executive director of the AFL-CIO's Industrial Union Council. "We have so decimated our internal capacities and infrastructures. Those lost skills translate to the innovations of the future.

• Evansville Courier & Press (2007-Current)
• August 08, 2012

• Egypt's Revolution Faces Economic Test ; Demands for More Jobs and Higher Wages Clash with Diminished Capacity

At least in the short term, tourism and building projects have been hit, hurting those at the bottom of the economic ladder. Fixing broken finances will be a key factor in determining the revolution's success. CORRECTION APPENDED

• International Herald Tribune
• June 22, 2011

• Protecting the Rights of Litigants With Diminished Capacity in the New York City Housing Courts

Introduction. I. Background: Societal Developments Reflected in Statutes and Case Law. A. Societal Developments: Evolution Of Understanding Of Mental Illness. B. Judicial and Legislative Developments In New York: CPLR Article 12 And Its Background. C. Federal Developments: The Americans With Disabilities Act. II. Assessment of CPLR Article 12's Guardian Ad Litem Provisions as a Means of Protecting the Rights of Litigants with Diminished Capacity. A. Compliance By Parties With The Obligation To Inform, And By The Courts With The Obligation To Inquire, When A Litigant May Require A Guardian Ad Litem. 1. A Litigant is Obligated to Disclose to the Court any Information About Another Party's Inability to Prosecute or Defend a Proceeding. 2. The Court Must Be Diligen...

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. III-3, January 2006

• State v. Krueger, (Ohio 2010)

murder; inferior offenses; purposefully; voluntary intoxication; diminished capacity; provocation

• Ohio Supreme Court

• Project Will Help Lost People Get Home Safely ; Laramie County First-Responders Are Implementing the Project Lifesaver Program to Help Recover People of 'Diminished Capacity' Who May Have Wandered Off and Gotten Lost.

Project Lifesaver is a nationwide effort that provides traceable bracelets to people of "diminished capacity. By Lindsey Erin Kroskob

• Wyoming Tribune - Eagle
• December 17, 2010

• Diminished Capacity

Directed by Terry Kinney IFC Films Opens July 4, Sunshine Cinema This first feature by character actor/theater director Terry Kinney addresses, once again, America's apparent surfeit of sweet-souted losers and eccentrics, replete with rueful indie muzak Cooper (Matthew Broderick), a Chicago newspaperman still held back at work by a recent concussion, returns to hometown rural Missourah to check up on a precarious relation.

• Village Voice, The
• August 27, 2009

• Clearer guidance for estate planning lawyers: how do we deal with clients suffering from diminished capacity? What duty of confidentiality do we owe prospective clients who meet with but don't hire us? These are some of the ethics questions faced by estate planning lawyers that are easier to answer thanks to the new rules.

[ILLUSTRATION OMITTED] The newly revised Illinois Rules of Professional Conduct (1) were meticulously crafted to provide relief and clarification fo...

• Illinois Bar Journal
• Vol. 98 Nbr. 8, August 2010

• Diminished Capacity and Then Some

A lawyer representing Robert Bailey, 23, charged with murdering a police officer in Panama City Beach, Fla., withdrew from the case, explaining that he can better help Bailey avoid the death penalty by appearing as a witness on his behalf. Deputy Public Defender Walter Smith insisted that Bailey is either retarded or brain damaged.

• Syracuse New Times
• August 06, 2009

• Da Seeks Tobar Smyrnes'mental-Healthtestimony

Westmoreland County prosecutors want accused killer Ricky Smyrnes barred from seeking a diminished capacity defense at his upcoming capital murder trial. District Attorney John Peck said in a court document filed on Thursday that Smyrnes told a defense expert witness that he did not participate in the torture and murder of 30-year-old Jennifer Daugherty.

• Tribune - Review / Pittsburgh Tribune - Review
• January 26, 2013