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United States v. Anderson - U.S. Court of Appeals for the Armed ...

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<strong>United</strong> <strong>States</strong> v. <strong>Anderson</strong>, No. 08-0344/ARAt trial, Dr. Norris testified that he diagnosed Appellantwith Bipolar I Disorder, schizotypal and narcissistic features,and an unspecified personality disorder, but that none <strong>of</strong> <strong>the</strong>conditions prevented Appellant from knowing <strong>the</strong> differencebetween role-playing and reality or from separating fact fromfiction. The Government’s cross-examination <strong>of</strong> Dr. Norris wasquite limited. While <strong>the</strong> Government did draw attention to <strong>the</strong>fact that he was a clinical and not a <strong>for</strong>ensic psychologist --and <strong>the</strong>re<strong>for</strong>e not an expert in <strong>the</strong> interface between <strong>the</strong> law andpsychology -- nei<strong>the</strong>r <strong>the</strong> accuracy <strong>of</strong> Dr. Norris’s psychologicalevaluation nor his qualification to make such an evaluation wascalled into question. Appellant also presented testimony fromano<strong>the</strong>r expert, Dr. Russell Hicks, a staff psychiatrist at <strong>the</strong>Madigan Army Medical Center and Appellant’s treatingpsychiatrist, who testified that he had diagnosed Appellant withAsperger’s Syndrome and Bioplar I Disorder, which inhibitedAppellant’s ability to interact with o<strong>the</strong>rs but did not affecthis knowledge <strong>of</strong> <strong>the</strong> difference between right and wrong. Dr.Hicks based his opinion mainly on his observation <strong>of</strong> Appellantwhile in confinement and historical evidence <strong>of</strong> Appellant’sbehavior, and stated that he did not find evidencecontemporaneous to <strong>the</strong> crime helpful. On cross-examination, Dr.Hicks admitted that, while a practicing psychiatrist, he was not8

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