Most of what you see on the web about ADD and the law is either about education or employment. There are, however, appellate cases involving criminal charges in which it is a factor in the decision.

The following are a few recent appellate court decisions in which AD/HD (ADD / ADHD / Attention Deficit Hyperactivity Disorder) played a role. The first is not a criminal case but is striking by the assumption of apparent severity made by the Court.

Wisconsin:

Nierengarten v. Lutheran Social Services, 219 Wis.2d 687, 580 NW2d 320 (1998)

The Supreme Court took for granted that ADHD was a very serious disorder. So much so, that they felt its seriousness should have been known by adopting parents when they first heard the diagnosis rather than three years later when medical expenses started to mount.

There are no reported cases in Wisconsin on the use of ADHD in an insanity defense. When it has been used, it is often when it is combined with other disorders. However, those disorders are not necessarily all that severe.

Massachusetts:

Commonwealth v. Roberio, 429 Mass. 278 (at the McNaughton hearing)

It was the psychologists opinion that the defendant at the time of the homicide, ..., suffered from at least three mental diseases or defects: attention deficit hyperactivity disorder, traumatic brain injuries and a language disability. The opinion was that the combination made it impossible for the defendant to control his behavior at the time of the homicide.

The trial attorney had been informed by his client's parents that he had received mental health treatment.

The court held that it was defgicient performance of counsel. That reasonable counsel would have investigated the possibility of an insanity defense and looked into presenting expert testimony. The defendant was granted a new trial.

Rather than a defense to the charge based upon legal insanity (which is a lot different from being mentally ill), ADHD most often comes up in explaining behavior, attempting to suppress statements allegedly made to police, in mitigation, and in sentencing plans.

Alabama:

Balentine v. State, 1998 WL 599503 (Ala Crim App) - case involved the unsuccessful attempt to show ADHD in trying to suppress a confession. The key here was the trial court's finding that the ADHD was not proven. If it had been?

 

Turning the tables:

976 S.W.2d 260

Normally leading a witness is not allowed when it is your witness. A leading question suggests the answer desired. In this case the prosecutor was allowed to lead a child witness because the witnesses mother testified that the child had ADD and "was apt to answer questions with short answers and without thinking."

Florida:

JPC v. Florida, 13 F.Supp.2d 586 (1998)

A child convicted of malicious damage by throwing rocks received a recommendation from social services for community placement rather than out-of-home. Why? The child had ADD and a change in medication brought about great improvements in the child's behavior. (The prosecutor and trial judge disagreed.)

Illinois:

U.S. v. Graham, 1998 WL 8885 (ND Ill 1998)

The defendant's son had ADHD. This justified a downward departure from the federal sentencing guidelines because of the adverse impact on the son of a longer sentence. The father was a good influence on his son.

Ohio:

State v. McNeil 83 Ohio St. 438, 453 (1998)

 

U.S. v. Hunter, 13 F.Supp.2d 586 (1998)

These cases were among the more than two hundred cases that turned up in response to a WestLaw (tm) search using the terms:

"attention deficit" & disorder & criminal.

These cases are not unusual from those, just some of the most recent. It was sad to note that many of the cases were death penalty appeals.

Sorry so brief. In the near future I will list fifty or more cases with short synopses of how ADHD played a role in the decision. I had a computer glitch in my research computer that required my writing the citations by hand. It should be fixed soon. Please do sign up for the service below so that you can be notified when they are posted here.

Balance Check's Five Essential ADD/ADHD Books List
Balance Check's Library of ADD / ADHD Books
Balance Check's Links Pages
Balance Check's ADD Home Page

* The opinions expressed in this web site are those of the author and not being made on behalf of the State Public Defender in Wisconsin. This website is an independent production with no ties to that agency.
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