TDCAA Community
expert for "seizures" defense

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/2623030567/m/6861073112

October 26, 2010, 14:05
suzannewest
expert for "seizures" defense
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?
October 29, 2010, 17:13
Ted Hake
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?
November 03, 2010, 21:08
Lori J. Kaspar
We just had him in an insanity defense trial. He came highly recommended via TDCAA folks. Definitely worth it.
November 08, 2010, 14:55
Floyd L. Jennings
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).