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Kevin McGrew, PhD
Educational Psychologist
Monday, December 12, 2011
Right to Neuropsychological Examination for Death Sentence Mitigation
http://www.jaapl.org/content/39/4/589.full?etoc
Jury Instructions Regarding Death Penalty Mitigating Factors
http://www.jaapl.org/content/39/4/579.full?etoc
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Kevin McGrew, PhD
Educational Psychologist
Meeting the Needs of Those Persons With Serious Mental Illness Who Are Most Likely to Become Criminalized
http://www.jaapl.org/content/39/4/549.abstract?etoc
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Kevin McGrew, PhD
Educational Psychologist
Sunday, December 11, 2011
The Kentucky Death Penalty Assessment Report
Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Saturday, December 10, 2011
Atkins MR/ID Death Penalty Decision: "When in doubt...give 'em a hearing." Guest post by Kevin Foley re Branch v Epps (2011)
This is a quest post by Kevin Foley.
Anyone familiar with the Atkins cases knows that there are cases where, despite a colorable claim of intellectual disability, the courts have refused to give the defendant an opportunity to fully develop the claim with appropriate expert assistance and/or an evidenciary hearing. Lawrence Branch’s case is one of those cases.
Several months before Atkins was decided, Branch was assessed by a psychologist who “found Petitioner’s full-scale IQ score to be 84, his reading ability to be at a high school level, and his mathematic skills to be at a sixth grade level.” Branch v. Epps, 4:07-cv-138 (N.D. Miss. Dec. 2, 2011). Despite the fact that Branch had been labeled as mentally retarded when a child, the Mississippi Supreme Court refused to grant Branch a hearing, finding his mental retardation claim to be without merit. Branch v. State, 882 So.2d 36 (Miss. 2004).
Branch moved for rehearing from the rejection of his appeal and attached to it the affidavit of psychologist Dr. Daniel H. Grant, who stated that all the documents submitted to him for review “support a diagnosis of mental retardation.” The court granted the State’s motion to strike the affidavit, and denied the motion for rehearing. Branch later moved for post-conviction relief, which was denied, and in his 2007 appeal to the Mississippi Supreme Court from this denial, he argued that he had “not been afforded an opportunity to present a mental retardation claim.” The Mississippi high court, relying on its earlier “paper review” of Branch’s ID claim, labeled Branch’s assertion “false” and denied relief. Branch v. State, 961 So.2d 659 (Miss. 2007).
As is typically seen in the Atkins cases, Branch’s next move was to seek habeas corpus relief in a federal district court. Here, the court agreed “to hold an evidentiary hearing and to
review Petitioner’s claim without the deference ordinarily afforded under the AEDPA[federal habeas law].” Interestingly, the court did not need an evidenciary hearing because, after a more complete assessment and analysis of the evidence, the State “filed a notice confessing that Petitioner suffers from mental retardation.” Branch v. Epps, slip op. at 10. In other words, after fighting for years to keep Branch from getting a full hearing on his ID claim, the state was forced to concede the issue, once an appropriate assessment had been done.
As for the earlier full scale IQ score of 84 from 2002, an examination of the raw data “reveals that a student administered the intelligence testing and made several errors in scoring and administration that make the report invalid. . . Discounting the invalid 2002 score, the remainder of Petitioner’s obtained scores fall within the range of mild mental retardation.” Id. at 11. Unfortunately, the psychological report that discussed the raw data has been sealed by the federal court and is not available for review. Ostensibly, however, the state had ample opportunity to dispute the conclusions related to the 2002 testing, and it must have agreed that the 2002 testing was infirm.
Branch’s case illustrates the need for appropriate assessments, proper hearings, and caution when using earlier IQ scores that have not been examined for accuracy. While every Atkins claimant is obviously not ID, whenever there is a colorable claim of ID, due process demands the individual have his day in court.
Technorati Tags: Atkins case, mental retardation, intellectual disability, Atkins death penalty, Branch v Epps, capital punishment, death penalty
Atkins MR/ID Death Penalty Court Decisions: Anderson v Arkansas (2004, 22011)
In 2004 Anderson was granted a new sentencing hearing. He was sentenced to death and file a petition for post-conviction relief. The petition was denined and that 2011 decison affirms the denial of the petition.
Technorati Tags: Atkins cases, mental retardation, intellectual disability, Anderson v Arkansas, Atkins death penalty, death penalty, capital punishment
Friday, December 9, 2011
Book nook: "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United S
The fourth edition of Robert Bohm's "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States," is now available through Anderson Publishing. Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
'Thank God for the Lawyers': Some Thoughts on the (Mis)Regulation of Scientific Misconduct@SSRN, 12/9/11 12:07 PM
 SSRN (@SSRN)12/9/11 12:07 PM This Week's Top 5 Papers: bit.ly/rWm0L8 #SSRN |
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Kevin McGrew, PhD
Educational Psychologist
The brain on trial@Neurotechnology, 12/9/11 2:01 PM
 Brain Technology (@Neurotechnology)12/9/11 2:01 PM The brain on trial, several experts discuss the rising influence of neuroscience in the courtroom kavlifoundation.org/science-spotli… |
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Kevin McGrew, PhD
Educational Psychologist
Wednesday, December 7, 2011
American Bar Association Releases Assessement of Kentucky's Death Penalty
On December 7, the American Bar Association released a report assessing Kentucky's system of captial punishment and calling for a halt to executions in the state. Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Monday, December 5, 2011
Atkins MR/ID Court Decision: Hill v Humphrey (GA; 2011; 11th Circuit Court) 2011)
Thanks to Kevin Foley for sending me the interesting Warren Lee Hill, Jr. V Carl Humphrey Atkins decision by the 11th Circuit Court of Appeals . Of interest is the length of the opinion (110 pages). Next, this was en banc decision decided by 11 judges (not the usual 3). Finally, there was only one major issue---whether Georgia's proof beyond a reasonable doubt standard is unconstitutional. The majority said no.
Judge Rosemary Barkett's dissent was recommended reading to me (begins on page 66). She contends that the standard is so hard to meet, that those with mild ID/MR are sure to lose, even though they are ID. "The state court’s decision, however, endorses the use of a standard of proof so high that it effectively limits the constitutional right protected in Atkins to only those who are severely or profoundly mentally retarded." pg 70
The prior 2010 appeals decision can be found here.
The current decision can be found here.
Saturday, December 3, 2011
Primus on Federal Habeas Law
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Kevin McGrew, PhD
Educational Psychologist
Thursday, December 1, 2011
J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4
Subject: J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4
JAAPL Online Table of Contents Alert
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JAAPL Online Table of Contents Alert
- A new issue of Journal of the American Academy of Psychiatry and the Law Online is available online:
- 1 December 1975; Vol. 3, No. 4
- The below Table of Contents is available online at: http://www.jaapl.org/content/vol3/issue4/index.dtl?etoc
ARTICLES
- Editorial
- Henry H. Foster, ESQ.
- J Am Acad Psychiatry Law 1975;3 iv
http://www.jaapl.org/cgi/reprint/3/4/iv
- The Tort Liability of the Psychiatrist
- Sue Ellen Fishalow
- J Am Acad Psychiatry Law 1975;3 191-230
http://www.jaapl.org/cgi/reprint/3/4/191
- Aphasia and the Expert Medical Witness
- Richard T. Rada, Bruce E. Porch, and Robert Kellner
- J Am Acad Psychiatry Law 1975;3 231-237
http://www.jaapl.org/cgi/reprint/3/4/231
- The Right of the Defendant to Refuse an Insanity Plea
- Olga M. Bruning
- J Am Acad Psychiatry Law 1975;3 238-244
http://www.jaapl.org/cgi/reprint/3/4/238
- The Influence on Judges' Sentencing Practices of a Mental Evaluation
- Gerald Cooke and Eric Pogany
- J Am Acad Psychiatry Law 1975;3 245-251
http://www.jaapl.org/cgi/reprint/3/4/245
- Cross-Cultural Forensic Psychiatry in Alaska
- Joseph D. Bloom
- J Am Acad Psychiatry Law 1975;3 252-256
http://www.jaapl.org/cgi/reprint/3/4/252
- Causative Factors in Violence
- Warren S. Wille
- J Am Acad Psychiatry Law 1975;3 257-261
http://www.jaapl.org/cgi/reprint/3/4/257
- The Devil's Advocate
- Henry H. Foster, ESQ.
- J Am Acad Psychiatry Law 1975;3 263-264
http://www.jaapl.org/cgi/reprint/3/4/263
BOOK REVIEWS
- Malpractice Made Easy—Can You Believe That?
- Alan R. Rosenberg and Jonas R. Rappeport
- J Am Acad Psychiatry Law 1975;3 262
http://www.jaapl.org/cgi/reprint/3/4/262
The 5th Annual ABA Journal Blawg 100
http://www.abajournal.com/mobile/article/the_5th_annual_aba_journal_blawg_100/
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Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Wednesday, November 30, 2011
Research byte: What does the Mini-Mental State Exam measure?
Tim Salthouse does top notch psychometric research.
Correlates of level and change in the Mini-Mental State Examination.
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Page 811-818
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Kevin McGrew, PhD
Educational Psychologist
Sunday, November 27, 2011
Atkins ID/MR death penalty court decision: Frazier v Bobby (2011, Ohio)
Another recent Atkins decision. Frazier v Bobby (2011, Ohio). Thanks to Kevin Foley for sending me the copy.
Let the data speak: CHC theory of intelligence tipping point in mainstream intelligence research
From IQs Corner blog. An indicator that the CHC "tipping point" has moved beyond the applied field of school psychology IQ testing and has occurred in mainstream intelligence research
Intelligent Insights on Intelligence Theories and Tests (aka IQ's Corner)
Intelligent Insights on Intelligence Theories and Tests (aka IQ's Corner)
Let the data speak. McGrew (2009) CHC intelligence article #6 most cited in journal Intelligence
Posted: 26 Nov 2011 05:03 PM PST
I was just doing some fun web browsing at the journal web site for the most prestigious journal in the field of intelligence (Intelligence) and was pleasantly surprised to see that my 2009 invited editorial is currently among the most cited articles in the journal (#6), and was #12 in the most read articles. Damn....this makes my day. Thanks to all who have read and cited it. This will make my mom and dad proud.
CHC theory and the human cognitive abilities project: Standing on the shoulders of the giants of psychometric intelligence research. Intelligence, Volume 37, Issue 1, January 2009, Pages 1-10, McGrew, K.S.
Abstract
During the past decade the Cattell-Horn Gf-Gc and Carroll Three-Stratum models have emerged as the consensus psychometric-based models for understanding the structure of human intelligence. Although the two models differ in a number of ways, the strong correspondence between the two models has resulted in the increased use of a broad umbrella term for a synthesis of the two models (Cattell-Horn-Carroll theory of cognitive abilities-CHC theory). The purpose of this editorial is three-fold. First, I will describe the CHC framework and recommend that intelligence researchers begin using the CHC taxonomy as a common nomenclature for describing research findings and a theoretical framework from which to test hypotheses regarding various aspects of human cognitive abilities. Second, I argue that the emergence of the CHC framework should not be viewed as the capstone to the psychometric era of factor analytic research. Rather, I recommend the CHC framework serve as the stepping stone to reinvigorate the investigation of the structure of human intelligence. Finally, the Woodcock-Muñoz Foundation Human Cognitive Abilities (HCA) project, which is an evolving, free, on-line electronic archive of the majority of datasets analyzed in Carroll's (1993) seminal treatise on factor analysis of human cognitive abilities, is introduced and described. Intelligence scholars are urged to access the Carroll HCA datasets to test and evaluate structural models of human intelligence with contemporary methods (confirmatory factor analysis). In addition, suggestions are offered for linking the analysis of contemporary data sets with the seminal work of Carroll. The emergence of a consensus CHC taxonomy and access to the original datasets analyzed by Carroll provides an unprecedented opportunity to extend and refine our understanding of human intelligence. © 2008 Elsevier B.V. All rights reserved.
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Wednesday, November 23, 2011
APA guidelines for assessment and intervention with people with disabilities
http://psycnet.apa.org/psycinfo/2011-26975-001/
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Kevin McGrew, PhD
Educational Psychologist
Book nook: Review of Ethical Issues in Forensic Psychiatry: Do no Harm
http://psycnet.apa.org/index.cfm?fa=main.doiLanding&uid=2011-20013-001
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Kevin McGrew, PhD
Educational Psychologist
Sunday, November 20, 2011
Top-Ten Recent SSRN Downloads
Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Thursday, November 17, 2011
The brain and the law: 2011 symposium video (2.5 hours)
Long video, but starting points are provided for the different speakers. An interesting set of talks.
http://thatsbasicscience.blogspot.com/2011/11/your-legal-brain.html
Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Vanderbilt law and neuroscience program@TheNeuroScience, 11/17/11 11:25 AM
 Neuro Science (@TheNeuroScience)11/17/11 11:25 AM Innovative Vanderbilt program combines neuroscience and law sns.mx/qrhCy4 |
Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Wednesday, November 16, 2011
Annual Review of Law: Individual differences influence deterrence of legal punishments
http://www.annualreviews.org/toc/lawsocsci/7/1#/doi/full/10.1146/annurev-lawsocsci-102510-105404
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Kevin McGrew, PhD
Educational Psychologist
Annual Reviews: The laws use of neuroscience
http://www.annualreviews.org/doi/abs/10.1146/annurev-lawsocsci-102209-152948
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Kevin McGrew, PhD
Educational Psychologist
Tuesday, November 15, 2011
"Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings"
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Kevin McGrew, PhD
Educational Psychologist
Tuesday, November 8, 2011
Blogging status: BlogPress on the fritz and IAP's blogs going pro
Regular readers may have noticed a significant decrease in blog posts the past few weeks. Why?
I had moved all my blogging to my iPad as I have found it a much more efficient method for posting. However, a few weeks ago Apple released its new IOS5.0 operating system. After updating my iPad, my BlogPress app would crash. I visited the developers web page and they had a note indicating they were aware of the crash and had submitted a fix to Apple for review. I have been checking daily for the app upate, but it is not showing up. So, please be patient. I may go "old school" and do some blogging from my PC.
Also, I am just starting work with a professional web development company to integrate my IAP web page and professional blogs into a single professional looking (andmore efficient) web portal.. I will be spending significant time working with the developer on this new internet portal and migration of materials to the new server. I have no idea how long this will take.
In the end the work will be worth it......so be patient. I will do what I can to get back "up" and blogging with more regularity. As soon as BlogPress gets the new app, you should see an uptick in posts.
Thanks for your patience
"Is There a Need for Clinical Neuroskepticism?" - Neuroethics & Law Blog
http://kolber.typepad.com/ethics_law_blog/2011/11/is-there-a-need-for-clinical-neuroskepticism.html
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Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
Sunday, November 6, 2011
Top-Ten Recent SSRN Downloads
Sent from Kevin McGrew's iPad
Kevin McGrew, PhD
Educational Psychologist
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