Tag Archives: iac

The Daily Digest, 4/19/11

The New York Times on Sunday ran a provocative op-ed co-authored by one of my colleagues at Vanderbilt, Nancy King. In that editorial, the authors call for reform to the endless process of habeas review, arguing that claims are reviewed, … Continue reading

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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, 4/5/11

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, 3/15/11

Today, I am presenting at a conference in New York City entitled Law and the Brain. This two-day conference delves into many of the different aspects of law and neuroscience discussed here on the Daily Digest, particularly from the criminal … 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, 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, 2/21/11

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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