Category Archives: Criminal

The Daily Digest – 3/9/11

The Confrontation Clause of the Sixth Amendment provides a criminal defendant a right to cross-examine a witness, but does not guarantee an “effective” cross-examination. So long as a witness shows up, his complete memory loss doesn’t mean he has failed … Continue reading

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The Daily Digest – 3/7/11

Does brain damage mitigate criminal responsibility or punishment ? Should it count as “good” evidence about a defendant’s reasons for acting that should be balanced against “bad” reasons for his criminal conduct? In the case of Schriro v. Landrigan, the … Continue reading

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The Daily Digest, 3/3/11

The Law and Memory Conference at Stanford Law School on April 1, 2011 will bring together leading scientists, practitioners and scholars on the intersection of law and memory. The conference will begin with the science, and then focus on the … Continue reading

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The Daily Digest, 3/2/11

I’ve written previously about the two categories of criminal law and juvenile neuroscience cases: claims about juveniles as a category, and claims about individual impairments in juveniles. As I explained previously, tracking the use of behavioral science evidence in juvenile … Continue reading

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The Daily Digest, 2/28/11

The week starts off with two failed brain damage/mitigation/capital cases. The first case is failure of mitigation at the trial level, and the second is a reversal of a successful PCRA claim. Neurological evidence is now introduced as mitigating evidence … Continue reading

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The Daily Digest, 2/25/11

IAC, Reasonable Trial Strategy, Foregoing Use of Condition Smith v. Dickhaut, 2011 WL 576073 (D.Mass. 2011) Petitioner was tried and convicted of first-degree murder. His conviction and denial of a new trial were affirmed. He now petitions for a writ … Continue reading

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The Daily Digest, 2/24/11

As I discussed earlier this week, criminal defendants often unsuccessfully seek post-conviction relief for ineffective assistance of counsel at trial for failing to introduce mitigating evidence of brain dysfunction. In my earlier post I noted the difference between a claim … Continue reading

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The Daily Digest, 2/23/11

Tracking the use of behavioral science evidence in juvenile criminal cases is more difficult than tracking it for adults. Juvenile cases often proceed under seal or confidentiality and the decisions rendered are rarely in legal databases. The result is that … Continue reading

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The Daily Digest – Weekend Edition

A brief update of the case digests this week. Tune back in Monday for the daily edition! His brain injury was so bad, he should never have taken the witness stand. But that doesn’t mean that brain injury is always … Continue reading

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The Daily Digest, 2/17/11

Until I read the first case today, I had no idea that there were Brain Injury Identification cards! These cards are available through local Brain Injury Associations for “persons with brain injury [who may] have motor and speech impairments that … Continue reading

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