Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — 37-year old Mary Ezenwa unsuccessfully appealed a restraining order preventing her from contacting Alan Carlin, her 82-year-old husband, who suffers from cognitive deficits due to brain damage. Mary and Alan first met virtually on the dating website millionairematch.com and married one month later. …

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In recent cases where criminal defendants brought ineffective assistance of counsel (IAC) claims based on lack of or insufficient investigation into mental health issues, defendants rarely succeeded. In cases where courts found IAC claims to have merit, trial attorneys conducted little to no investigation of the defendant’s mental health background…

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — Defendants have used evidence of their Autism Spectrum Disorder (ASD) diagnosis to argue for downward departure of sentencing in a number of child pornography cases. See People v. Frenger, 124 N.Y.S.3d 913 (Sup. Ct. 2020); United States v. Shore, 2020 WL 3791550. In October 2021, the United States District Court…

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In 2021, expert testimony about parents’ brain injuries was used in cases involving child neglect to argue that a parent was unfit to care for their children. In cases involving alleged child abuse, evidence of parental brain injuries contributed to courts terminating parental rights. In a Virginia case, a father…

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In October 2021, the Middle District Court of Pennsylvania affirmed the lower court and denied Jay Eugene Reed’s motion to vacate, set aside, or correct his 70-year sentence for possession and production of child pornography and witness tampering. …

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In a May 2021 divorce proceeding, the Court of Appeals of Texas affirmed the lower court’s divorce decree granting the mother the right to determine the child’s primary residence even though the mother was recovering from a brain injury. Although the father argued the mother’s brain injury should affect the…

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — Neuroscience evidence, especially expert testimony about diminished cognitive function, CT scans, and MRI scans, has been used in connection with testamentary capacity and undue influence issues arising in probate cases concerning wills, trusts, and transactions. …

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In a number of state and federal cases in 2021, defendants proffered evidence of brain injury as mitigating evidence at sentencing. Evidence included: expert testimony from neurologists and neuropsychologists, as well as various brain scans such as MRIs and PET scans. Most of these efforts, however, did not result in…

Recent Cases in Law and Neuroscience, Curated by the Center for Law, Brain & Behavior and the Shen Neurolaw Lab with support from the Dana Foundation — In February 2021, the Kansas Court of Appeals affirmed a district judge’s decision to require a guardianship and conservatorship for Colby Spencer, who had suffered a traumatic brain injury ten years previously. Colby Spencer suffered a severe brain injury in an accident while riding an ATV in July 2011. Treatment…