Monday, December 22, 2014

KY COA - Jackson - MH Eval before charges

Jackson v.Commonwealth, 2013-CA-0582, TO BE PUBLISHED, Affirmed

The Court of Appeals reaffirmed that a Defendant who suffers from mental illness and is arrested during a time where police officers believe that he presents a danger, or threat of danger to himself, family or others, must be taken for a mental health evaluation prior to the placing of any charges against him. 

The Court also found that the psychiatric intake nurse who conducted an initial psychiatric evaluation was not a state actor because the nurse was not present in order to assist the prosecution and not acting in concert with law enforcement. He was simply acting in response to a potential defendant who had immediate psychiatric needs.

John Landon of the Appeals Branch represented Mr. Jackson on appeal. He was represented by David Farley of the Owensboro office at trial.
Contributed by Julia Pearson