Tag Archives: iac

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, 2/21/11

Criminal defendants face a high burden when seeking relief for ineffective assistance of counsel at trial. A substantial portion of cognitive neuroscience or behavioral genetics based claims are raised by capital defendants who claim to have received ineffective assistance of … Continue reading

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The Daily Digest, 2/15/11

I’ve previously discussed how brain dysfunction may be a double-edged sword in criminal cases. Proving a criminal defendant is more impulsive than most, more likely to act irrationally, or more likely to react violently than others under stressful circumstances may … Continue reading

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The Daily Digest – 2/9/11

Those following the intersection of cognitive neuroscience and law know that, to date, it has been used most frequently as mitigating evidence in capital sentencing. Like socioeconomic background or abusive childhood evidence, criminal defendants are now using cognitive neuroscience to … Continue reading

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The Daily Digest – 2/7/11

Brain Damage and Automobile Accidents: Daubert hearing Amadio v. Glenn, 2011 WL 336721 (E.D.Pa. 2011) Becoming increasingly more prevalent is the introduction of neurological evidence to substantiate what I call “invisible injuries.” These are injuries which previously were difficult to … Continue reading

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The Daily Digest – 2/3/11

With no further ado, the daily digest for the day: Ineffective Assistance of Counsel for Failing to Introduce PET/MRI? Flake v. State, 2011 WL 300213 (Tenn.Crim.App. 2011) Petitioner, who was convicted of two counts of first degree murder, sought post-conviction … Continue reading

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