A defendant who says he is afflicted with obsessive-compulsive disorder cannot suppress statements he made in the throes of a purported “brain freeze” triggered by his arrest that stripped him of his ability to waive his Miranda rights, a New York state judge has held.

“[T]he evidence fails to disclose that the Defendant’s OCD affected him to such a degree” as to render him incapable of understanding the “nature and consequences of his statement,” District Court Judge Andrew M. Engel in Nassau County wrote in People v. Martz, Docket No. 2008 NA 006851.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]