- Standard: Rule 702 / Daubert v. Merrell Dow Pharmaceuticals requires peer-reviewed neuropsychological battery.
- Mitigation Role: Lockett v. Ohio (1978) & Eddings v. Oklahoma (1982) establish constitutional mandate to consider any aspect of defendant's character or mental condition.
- Cross-Exam Vulnerability: Prosecution will challenge nexus between executive dysfunction and complex multi-step pre-offense planning.
Requires rational and factual understanding of proceedings and ability to consult defense counsel. High threshold; neurodivergence without severe psychosis rarely results in incompetency finding.
Strict limits on psychiatric testimony negating specific intent/premeditation unless meeting M'Naghten or jurisdictional diminished capacity affirmative defense bars.
Broadest admissibility. Diagnostic triad (Autism + OCD intrusive states + severe ADHD) functions as statutory and non-statutory mitigating evidence arguing against capital penalty imposition.
Structured brief formatted for defense mitigation filings and evidentiary index review: