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NADD Supports Court VictoryNADD and the Arc of Virginia filed a brief as amici curiae in support of appellant's position in a Virginia appeals court. That court has now ruled in favor of appellant. Counsel for a man convicted of murder in Virginia appealed his death sentence on the grounds of his intellectual disability. Determination of the man's intellectual disability was hampered by his mental illness. After his original conviction, a forensic psychological unit had evaluated him and found that he experienced a psychotic disorder that included personality decompensation, social withdrawal and disordered affect, and erratic, possibly assaultive behavior. The psychologist appointed by the court to assist defendant in the intellectual disability hearing had concluded that defendant's mental health had to be addressed before he could conduct an intellectual disability evaluation; the Commonwealth had opposed the motion to declare defendant incompetent and allow him to receive treatment him to bring his mental illness under control before the hearing on his intellectual disability could proceed. The appeals court ruled appellant has a right to be declared incompetent and to receive treatment to restore him to competence before a hearing on his claim of intellectual disability. Click here to read the court's decision.
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