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Prepping for murder case and we anticipate the defendant will say he had a seizure when he pulled the trigger and he doesn't remember. Any experts you all are aware of on this topic?
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Call me on Monday at 956-318-2300, Ext. 782. I am a fellow prosecutor and certainly not a medical expert, but I know a lot about seizures based on experience with my 26-year-old son, who was diagnosed as an epileptic at age eight. My first obvious question about your situation is whether there is any basis for that defense tactic, i.e., does your defendant have a history of seizures?
 
Posts: 40 | Location: Edinburg, Texas U.S.A. | Registered: June 04, 2008Reply With QuoteReport This Post
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We just had him in an insanity defense trial. He came highly recommended via TDCAA folks. Definitely worth it.
 
Posts: 95 | Location: Granbury, Texas | Registered: August 24, 2007Reply With QuoteReport This Post
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First, I would look for a neurologist, e.g. at UT San Antonio to confirm if, indeed, the defendant has a seizure disorder.

Second, by way of background, and to appreciate the logic associated with such a claim, I would look at:
Loven v. State, 831 S.W.2d 387
Rice v. State, No. 01-92-01223-CR (Tex. App. -- [Houston 1st Dist]1993) (not designated for publication), also
Zimmerman v. State, 85 Tex. Crim. 630, 215 S.W. 101, 105-06 (1919)(cited in Rice).
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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