Articles Posted in Mental Health

Florida Court Reverses Sentence: Judge Ignored Autism Evidence
Brancato Law Firm, P.A.

Morgan v. State Reinforces That Trial Courts Must Consider Mental Health Evidence When Sentencing KEY HOLDING: MORGAN V. STATE (FLA. 2D DCA DEC. 31, 2025) When a defendant presents unrebutted evidence supporting a downward departure—such as an autism diagnosis with documented social deficits and compulsive behaviors—the trial court commits reversible error if it mistakenly believes…

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Florida Death Penalty Defense: Proving Intellectual Disability in 2025
Brancato Law Firm, P.A.

State v. Jackson (December 2025) confirms that “surface skills” like using a phone or driving do not disprove intellectual disability—courts must examine the full picture of adaptive deficits ✓ CONSTITUTIONAL PROTECTION: ATKINS V. VIRGINIA (2002) The U.S. Supreme Court ruled that executing intellectually disabled individuals violates the Eighth Amendment’s prohibition against cruel and unusual punishment.…

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When a Confession Is Not a Confession
Brancato Law Firm, P.A.

How a Forensic Psychologist Exposed a Coerced Confession from a Mentally Ill Child A confession is supposed to be the most powerful evidence the state can present. When a defendant admits to the crime, most jurors assume the case is closed. But not all confessions are what they appear to be. Some are coerced. Some…

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When Brain Damage Explains Criminal Conduct
Brancato Law Firm, P.A.

How Forensic Psychiatry and Brain Imaging Reduced a Felony to a Misdemeanor Sometimes, criminal conduct is not the result of willful choice. Sometimes, the brain itself is compromised—damaged by disease, infection, or injury in ways that affect judgment, impulse control, and the ability to appreciate the consequences of one’s actions. This is where forensic psychiatry…

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Florida Supreme Court: PTSD Relevant in Self-Defense
Brancato Law Firm, P.A.

But Only If Your Attorney Argues It Correctly Oquendo v. State, SC2023-0807 (Fla. Oct. 9, 2025) Case Summary: Oquendo v. State Holding: PTSD evidence can be relevant to self-defense claims—specifically to show what the defendant actually believed at the time of the incident. Key Limitation: PTSD alone won’t justify self-defense. Attorney must connect it to…

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Florida Mental Health Diversion Law 2025
Brancato Law Firm, P.A.

The Tristin Murphy Act (SB 168) | Treatment Instead of Incarceration A new mental health diversion law known as the Tristin Murphy Act took effect in Florida on October 1, 2025. Senate Bill 168 reshapes how courts and prosecutors handle criminal cases involving people with mental health conditions—creating pathways to treatment instead of incarceration. What…

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Competency to Proceed Tampa: Protecting Mentally Ill Defendants
Brancato Law Firm, P.A.

Your son was arrested last week. He is hearing voices again, hasn’t slept in days, and cannot explain to you what happened. Now he sits in the Hillsborough County Jail waiting for a court date he doesn’t understand for charges he cannot comprehend. This scenario happens more often than most people realize. Florida law recognizes…

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