Hernandez v. State
Florida Supreme Court
180 So. 3d 978 (2015)
- Written by Eric Miller, JD
Facts
Michael Hernandez, Jr. (defendant) was tried for murder. The 2007 trial included mitigating testimony from Hernandez’s family members and mental-health experts to the effect that Hernandez suffered from mental illness. However, no evidence was presented in the form of quantitative electroencephalography (qEEG) testing of Hernandez’s brain. Hernandez was convicted of first-degree murder and sentenced to death. Hernandez moved for postconviction relief, asserting that qEEG evidence should have been obtained and presented. The circuit court determined that qEEG testing was not admissible at the time of the trial, because the relevant medical community—i.e., neurologists—did not widely use qEEG testing to diagnose brain damage or its accompanying mental conditions. In 2013 Florida adopted a broader standard for the admissibility of scientific evidence. Hernandez appealed and petitioned for a writ of habeas corpus, alleging his attorney’s failure to obtain qEEG evidence constituted ineffective assistance of counsel. The Florida Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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