Brian D. Howard, Petitioner v. United States

Brian D. Howard has asked the Supreme Court to review whether a military trial judge violated due process by refusing a lack-of-mental-responsibility instruction. The case comes from the U.S. Court of Appeals for the Armed Forces, and Howard's petition says the defense presented evidence of bipolar disorder, mania, and psychotic features.

The case is still at the petition stage, and no oral argument is scheduled. Howard's petition says lack of mental responsibility was his central defense and argues the missing instruction violated his Fifth Amendment right to due process.

The answer could affect service members tried in military courts when their defense rests on mental-health evidence. For example, a defendant diagnosed with bipolar disorder could argue jurors should be told they may consider lack of mental responsibility.

Howard says the trial judge should have instructed jurors on lack of mental responsibility after the defense offered mental-health evidence, including bipolar disorder.

Service members tried in military courts could be affected, especially defendants who want jurors to consider a mental-responsibility defense based on serious mental-health evidence.

The Court will decide whether to hear the case, and there is no oral-argument date or decision window yet.