Ex Part Simpson Case Summary

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Ex Parte Simpson (2004) The case of Ex Part Simpson (2004) provides a perfect example of the many contradictions defendants with a TBI may still face under the court’s applications of current law. For instance, while the original case judge allowed the defense’s expert witness to testify about the psychological and neurological findings of forensic assessment, the judge failed to take into consideration the expert’s testimony as evidence when sentencing to the defendant to the death penalty. According to the report issued by the Court of Appeals of Texas (2004), the defendant, Danielle Simpson, claimed 37 different allegations against the State in his application to the court appeals, including the failure to consider mental retardation as …show more content…
Simpson, being a 20-year-old gang member, was charged and convicted of the robbery and murder of an elderly woman named Geraldine Davidson, a former school teacher who was 84-years-old when her life was taken by the defendant (Edersheim et. al., 2012). However, the court noted that Mr. Simpson was suffering from impaired intellectual functioning based on his low intelligence questionnaire (IQ) scores, in addition to an earlier diagnosis of antisocial personality disorder. Furthermore, a psychologist who acted as an expert witness for the defense also states that neuroimaging of Mr. Simpson clearly demonstrated “evidence of two subdural hematomas visible on MRI scanning, and gave the opinion that these injuries caused brain damage, poor judgment, an inability to learn from his mistakes, an inability to change his actions in response to complicated situations and an inability to control frustration or manage himself” (Edersheim et. al., 2012, p. 180). Likewise, the defendant’s EEG also disclosed a somewhat non-specific generalized slowing as well (Edersheim et. al., 2012). Unfortunately, the evidence provided by the neuroimaging result just wasn’t strong enough to sway the ultimate decision of the court and Mr. Gill’s original sentence of death was upheld, even after multiple appeals (Edersheim et. al.,
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