Category Archives: Criminal

The Daily Digest, 4/13/11

[Note from Blog Editor Nita Farahany — I’m pleased to welcome and introduce guest contributor and author of this post, Ken Murray, Federal Public Defender in Arizona, Capital Habeas Unit] Offense Heinousness, Double-Edged Sword of Brain Damage “If the evidence … Continue reading

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The Daily Digest, 4/12/11

[Note from Blog Editor Nita Farahany — I’m pleased to welcome and introduce guest contributor and author of this post, Stephanie Kostiuk, currently a 2L at Vanderbilt Law School] Mental/Emotional Age and Developing Brain Theory This blog has previously discussed … Continue reading

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The Daily Digest, 4/11/11

The case today has a really fascinating discussion of (in)voluntary intoxication. Can alcoholism, itself, satisfy the standard for a mental disease or defect for the insanity defense? In other words, can a defendant prevail on the claim that his mental … Continue reading

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The Daily Digest, 4/8/11

Competency proceedings seem like a natural place for criminal defendants to introduce expert evidence using cognitive neuroscience or behavioral genetics. In competency proceedings, while objective manifestations of competency are relevant, so is evidence about the particular defendant’s subjective capacity. A … Continue reading

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The Daily Digest, 4/7/11

The case today presents a now-classic (and failed) attempt to use evidence of drug use and past head injuries as mitigating evidence in a capital case. In both of the defendant’s two retrials for sentencing, the jury sentenced the defendant … Continue reading

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The Daily Digest, 4/5/11

After the major decision handed down by the United States Supreme Court yesterday, all bets are off on the likely success of claims for ineffective assistance of counsel for failure to introduce mitigating brain evidence at trial. The case may … Continue reading

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The Daily Digest, 4/1/11

A jurisdictional never-never land exists between federal courts and state prisoners. The case today is the first in a series that will introduce this wasteland when it comes to brain-scanning requests. In the case today, a prisoner sought, through a … Continue reading

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