Mental illness

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Related to mental disease: schizophrenia, depression

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Country: United States of America
State: Florida

Sorry if this is an inappropriate place to ask this question but life and logic in general fails me sometimes due to a serious TBI from 23 months ago. Let me provide a little history. Florida no motorcycle helmet required, tried to avoid an accident with a car , hit a community style mailbox, three skull fractures 5 hematomas, over three weeks in a comma, three month re-habilitation hospital many other injuries. I have recovered a lot better than the original prognosis indicated. Diagnosed with Sever TBI. Occurred 10/2003.
Skip to 7/2005. Truck accident about 4:30 PM when passenger was crawling around vehicle and I was trying to get him to settle down and buckle up, drifted off road lost control hit guardrail was wearing my seatbelt. Airbag and window caused small open cut on my forehead. Police questioned me extensively at the scene and at the hospital. I remember vividly the moments leading up to the accident well. I don't remember a lot of the questioning in detail following the accident for several hours or even the next day very well. I generally don't have extensive memory problems day to day. However my memory, balance obviously I was quite shaken from the immediate trauma of the accident. In my mind I am questioning the extent the mild "concussion" if that is what it is considered could have possibly had on my immediate ability communicate cognitively and handle my responses. I was arrested 6 weeks later after blood draw showed high BAC. I do not recall specifically consenting to blood draw and other things I reportedly was told. I have a current attorney and things are getting down to the wire. Is it possible to file a motion for inadmissibility of blood draw and statements made prior to arrest based on my documented neurological disorders?

Answer

Yes you can--your current attorney should certainly make an attempt.
References in periodicals archive ?
The defense laid the foundation for CPT Payne's mental disease
In his classic, Lectures on Clinical Psychiatry, Emil Kraepelin--the founder of modern psychiatry--wrote: "The subject of the following course of lectures will be the Science of Psychiatry, which, as its name implies, is that of the treatment of mental disease. It is true that, in the strictest terms, we cannot speak of the mind as becoming diseased."
Rather, it had to play by the current rules of the game and try to show that the agent was substantially incapacitated by mental disease or defect-an argument made marginally plausible by her history of abuse.
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Treatment facility to 8,452 patients suffering from mental disease was also provided and 1,846 addicts were rehabilitated at psychologist clinic besides 8,309 delivery cases of women.
Chiero not guilty by reason of mental illness, if it was shown he suffered from a mental disease or defect at the time of the stabbing that precluded him from appreciating the wrongfulness of his actions or conforming his behavior to the requirements of the law.
David Wright's Mental Disease in Victorian England may be a portent of things to come.
With these principles in mind, the researchers have conducted a series of studies on patients in psychotherapy, They reported the results of their preliminary studies in the May 15, 1992 BIOLOGICAL PSYCHIATRY and in the October 1992 JOURNAL OF NERVOUS AND MENTAL DISEASE. Their most recent study, which also includes information on the behavior of a psychiatrist's heart rate during therapy sessions, will appear in an upcoming issue of the JOURNAL OF NERVOUS AND MENTAL DISEASE.
In 1954, at the height of postwar psychoanalytic ascendence, Judge David Bazelon handed down what was known as the Durham decision in the District of Columbia-a decision Menninger called "more revolutionary in its total effect than the Supreme Court decision regarding segregation." Bazelon's assertion-"Our traditions also require that, where such [criminal] acts stem from and are the product of mental disease or defect as these terms are used herein, moral blame shall not attach and hence there will not be criminal responsibility"-was a completely logical extension of Freudian thinking about criminal behavior.
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"The costs of social neglect have unique relevance for psychiatric patients, the natural history of psychiatric illness and the profound co-morbidities associated with mental disease," she said.
New research by scientists at Trinity College Dublin also claims boozing makes young men prone to mental disease.