Under what circumstances will a defense counsel be able to cross-examine a neutral psychiatrist?

MultiRegion, United States of America

The following excerpt is from Williams v. Calderon, 52 F.3d 1465 (9th Cir. 1995):

Id. at 83, 105 S.Ct. at 1096. This requirement is not satisfied by the provision of a neutral psychiatrist answerable to the court or the opportunity to cross-examine that expert. Smith v. McCormick, 914 F.2d 1153, 1158-59, 1163 (9th Cir.1990). Instead, due process requires the appointment of one psychiatrist for use by the defense in whatever fashion defense counsel sees fit. Id. at 1157.

Other Questions


What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Does hiring an expert to evaluate possible guilt-phase mental-state defenses discharge defense counsel's duty to prepare for the penalty phase? (MultiRegion, United States of America)
In what circumstances will a federal court disqualify a defendant's chosen counsel for failing to disqualify the trial counsel because of a conflict of interest? (MultiRegion, United States of America)
In what circumstances will the court allow the defense counsel to argue that no jury charge can be given at trial because venue does not exist? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
In what circumstances have defense counsel objected to testimony of a defence expert at trial? (MultiRegion, United States of America)
Does a defense counsel have to give the client the benefit of counsel's professional advice on whether to plead guilty? (MultiRegion, United States of America)
In what circumstances will counsel's failure to seek a Wade hearing be held to deny effective assistance of counsel? (MultiRegion, United States of America)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.