Answer Brief of Appellee - Florida State University College of Law

out, not having good relationships with people ...withdrawn from
relationships.” (R1434).
On cross-examination, Palladino agreed Hoskins school
scores were all in the borderline range of intelligence.
(R1438).
Dr. Helen Mayberg, M.D., a professor of psychiatry and
neurology at Emory University, researches brain imaging
technologies, specifically PET scans. (R1448-49). Dr. Mayberg
described frontal lobe syndrome as “ ... a personality change,
your intelligence is fine, your ability to do all of the
planning and all of the things that go on in the other parts of
the frontal lobe are preserved, but suddenly you’re impulsive,
you pop off, you don’t like something, you start screaming, you
become reactive with little provocation and then settle right
back down. And people have trouble planning in advance, they
have trouble assessing ... the consequences of a decision
...their ability to deliberate and plan and on may of the other
tests are fine.” (R1459-61).
The analysis of a PET scan is conducted by comparing the
scan of the subject’s brain to a “normal database.” (R1454).
Because PET scan machines are different, the “normals” must be
re-done when a new or different machine is used. (R1454-55). As
Dr. Mayberg put it, “the idea is to compare apples to apples and
not apples to bananas.” (R1456). For the comparison of a
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