barefoot
estelle
argued
april
decided
july
petitioner
convicted
capital
murder
texas
state
jury
trial
separate
sentencing
hearing
held
jury
determine
whether
death
penalty
imposed
one
questions
submitted
jury
required
texas
statute
whether
probability
petitioner
commit
criminal
acts
violence
constitute
continuing
threat
society
addition
introducing
evidence
state
called
two
psychiatrists
response
hypothetical
questions
testified
probability
jury
answered
question
well
another
question
whether
killing
deliberate
affirmative
thus
requiring
imposition
death
penalty
appeal
texas
criminal
appeals
rejected
petitioner
contention
use
psychiatric
testimony
sentencing
hearing
unconstitutional
affirmed
conviction
sentence
ultimately
denied
certiorari
texas
criminal
appeals
denied
habeas
corpus
application
petitioner
filed
petition
habeas
corpus
federal
district
raising
claims
respect
use
psychiatric
testimony
district
rejected
claims
denied
writ
issued
certificate
probable
cause
pursuant
provides
appeal
may
taken
appeals
final
order
habeas
corpus
proceeding
detention
complained
arises
process
issued
state
unless
justice
judge
rendered
order
circuit
justice
judge
issues
certificate
probable
cause
texas
criminal
appeals
denied
habeas
corpus
application
well
denying
stay
execution
shortly
thereafter
appeals
also
denied
stay
execution
pending
appeal
district
judgment
treating
application
stay
execution
petition
writ
certiorari
judgment
granted
certiorari
held
appeals
err
refusing
stay
petitioner
death
sentence
pp
although
formally
affirm
district
judgment
question
appeals
ruled
merits
appeal
course
denying
stay
petitioner
ample
opportunity
address
merits
practice
within
bounds
prior
decisions
garrison
patterson
parties
directed
filed
briefs
presented
oral
arguments
thus
making
clear
whether
stay
granted
depended
probability
success
merits
advisable
appeals
affirm
expressly
district
judgment
well
deny
stay
failure
conflict
garrison
related
cases
although
appeals
moved
swiftly
deny
stay
mean
treatment
merits
cursory
inadequate
contrary
resolution
primary
issue
appeal
admission
psychiatric
testimony
dangerousness
reflects
careful
consideration
remand
appeals
verification
district
judgment
affirmed
petitioner
urges
unwarranted
exaltation
form
substance
pp
following
procedural
guidelines
handling
applications
stays
execution
habeas
corpus
appeals
pursuant
certificate
probable
cause
suggested
certificate
probable
cause
requires
showing
absence
frivolity
appeal
petitioner
must
make
substantial
showing
denial
federal
right
severity
penalty
sufficing
warrant
automatic
issuance
certificate
certificate
probable
cause
issued
petitioner
must
afforded
opportunity
address
merits
appeals
must
decide
merits
appeals
may
adopt
expedited
procedures
resolving
merits
habeas
corpus
appeals
notwithstanding
issuance
certificate
probable
cause
local
rules
promulgated
stating
manner
cases
handled
informing
counsel
merits
appeal
may
decided
motion
stay
second
successive
federal
habeas
corpus
petitions
proper
district
expedite
consideration
petition
even
concluded
petition
dismissed
rule
fails
allege
new
different
grounds
relief
stays
execution
automatic
pending
filing
consideration
petition
certiorari
appeals
denied
writ
habeas
corpus
applications
stays
must
contain
information
materials
necessary
make
careful
assessment
merits
reliably
determine
whether
plenary
review
stay
warranted
stay
execution
first
sought
appeals
pp
district
err
merits
denying
petitioner
habeas
corpus
petition
pp
merit
petitioner
argument
psychiatrists
individually
group
incompetent
predict
acceptable
degree
reliability
particular
criminal
commit
crimes
future
represent
danger
community
accept
argument
call
question
predictions
future
behavior
constantly
made
contexts
moreover
generally
applicable
rules
evidence
covering
admission
weight
unprivileged
evidence
psychiatric
testimony
predicting
dangerousness
may
countered
erroneous
particular
case
also
generally
unreliable
ignored
despite
view
american
psychiatric
association
supporting
petitioner
view
convincing
evidence
testimony
almost
entirely
unreliable
factfinder
adversary
system
competent
uncover
recognize
take
due
account
shortcomings
pp
psychiatric
testimony
need
based
personal
examination
defendant
may
properly
given
response
hypothetical
questions
expert
testimony
whether
form
opinion
based
hypothetical
questions
otherwise
commonly
admitted
evidence
might
help
factfinder
job
although
case
involves
death
penalty
constitutional
barrier
applying
ordinary
rules
evidence
governing
use
expert
testimony
pp
texas
courts
district
appeals
properly
rejected
petitioner
argument
even
use
hypothetical
questions
predicting
dangerousness
acceptable
general
rule
use
made
case
violated
right
due
process
law
pp
white
delivered
opinion
burger
powell
rehnquist
joined
stevens
filed
opinion
concurring
judgment
post
marshall
filed
dissenting
opinion
brennan
joined
post
blackmun
filed
dissenting
opinion
parts
ii
iii
iv
brennan
marshall
joined
post
gray
argued
cause
petitioner
briefs
carolyn
garcia
jack
greenberg
argued
cause
naacp
legal
defense
educational
fund
amicus
curiae
urging
reversal
brief
james
nabrit
iii
joel
berger
john
charles
boger
deborah
fins
james
liebman
anthony
amsterdam
douglas
becker
assistant
attorney
general
texas
argued
cause
respondent
brief
jim
mattox
attorney
general
david
richards
executive
assistant
attorney
general
joel
klein
filed
brief
american
psychiatric
association
amicus
curiae
urging
reversal
daniel
popeo
paul
kamenar
nicholas
calio
filed
brief
washington
legal
foundation
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
morris
harrell
marna
tucker
barrett
prettyman
american
bar
association
gerald
goldstein
maury
maverick
burt
neuborne
texas
civil
liberties
union
et
al
jim
smith
attorney
general
florida
charles
corces
assistant
attorney
general
state
florida
et
al
justice
white
delivered
opinion
two
questions
us
case
whether
district
erred
merits
rejecting
petition
habeas
corpus
filed
petitioner
whether
appeals
fifth
circuit
correctly
denied
stay
execution
death
penalty
pending
appeal
district
judgment
november
petitioner
convicted
capital
murder
police
officer
bell
county
tex
separate
sentencing
hearing
jury
held
determine
whether
death
penalty
imposed
tex
code
crim
proc
art
vernon
two
special
questions
submitted
jury
whether
conduct
causing
death
committed
deliberately
reasonable
expectation
death
deceased
another
result
whether
probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
state
introduced
evidence
petitioner
prior
convictions
reputation
lawlessness
state
also
called
two
psychiatrists
john
holbrook
james
grigson
response
hypothetical
questions
testified
petitioner
probably
commit
acts
violence
represent
continuing
threat
society
jury
answered
questions
put
affirmative
result
required
imposition
death
penalty
appeal
texas
criminal
appeals
petitioner
urged
among
submissions
use
psychiatrists
punishment
hearing
make
predictions
petitioner
future
conduct
unconstitutional
psychiatrists
individually
class
competent
predict
future
dangerousness
hence
predictions
likely
produce
erroneous
sentences
use
violated
eighth
fourteenth
amendments
also
urged
event
permitting
answers
hypothetical
questions
psychiatrists
personally
examined
petitioner
constitutional
error
rejected
contentions
affirmed
conviction
sentence
march
barefoot
state
rehearing
denied
april
petitioner
execution
scheduled
september
july
granted
stay
execution
pending
filing
disposition
petition
certiorari
filed
denied
june
barefoot
texas
petitioner
execution
scheduled
state
courts
time
october
application
habeas
corpus
texas
criminal
appeals
denied
october
whereafter
petition
habeas
corpus
filed
district
western
district
texas
among
issues
petitioner
raised
claims
respect
use
psychiatric
testimony
presented
state
courts
district
stayed
petitioner
execution
pending
action
petition
evidentiary
hearing
held
july
petitioner
represented
competent
counsel
november
district
filed
findings
conclusions
rejecting
several
grounds
asserted
petitioner
writ
accordingly
denied
also
stay
petitioner
death
sentence
vacated
district
however
granted
petitioner
motion
proceed
forma
pauperis
issued
certificate
probable
cause
pursuant
provides
appeal
may
taken
appeals
final
order
habeas
corpus
proceeding
detention
complained
arises
process
issued
state
unless
justice
judge
rendered
order
circuit
justice
judge
issues
certificate
probable
cause
notice
appeal
filed
november
point
texas
courts
set
january
new
execution
date
petition
habeas
corpus
motion
stay
execution
denied
texas
criminal
appeals
december
another
motion
stay
execution
denied
january
january
petitioner
moved
appeals
fifth
circuit
stay
execution
pending
consideration
appeal
denial
petition
habeas
corpus
january
parties
notified
present
briefs
oral
argument
january
case
heard
january
january
appeals
issued
opinion
judgment
denying
stay
opinion
recited
studied
briefs
record
filed
heard
oral
argument
petitioner
attorney
allowed
unlimited
time
discuss
matter
germane
case
appeals
view
giving
parties
unlimited
opportunity
brief
argue
merits
saw
fit
requirements
set
forth
cases
garrison
patterson
nowakowski
maroney
carafas
lavallee
satisfied
understood
cases
certificate
probable
cause
issued
district
appeals
must
give
parties
opportunity
address
merits
view
parties
given
unlimited
opportunity
make
contentions
upon
underlying
merits
briefs
oral
argument
appeals
proceeded
address
merits
psychiatric
testimony
issue
together
new
claims
presented
district
state
jurisdiction
resentence
petitioner
newly
discovered
evidence
warranted
new
trial
grounds
discussed
rejected
concluded
since
petition
substantial
merit
stay
denied
petitioner
filed
application
stay
execution
circuit
justice
fifth
circuit
referred
matter
january
stayed
petitioner
execution
treating
application
stay
petition
writ
certiorari
judgment
granted
certiorari
parties
directed
brief
argue
question
presented
application
namely
appropriate
standard
granting
denying
stay
execution
pending
disposition
appeal
federal
appeals
federal
habeas
corpus
petitioner
also
issues
appeal
appeals
fifth
circuit
ibid
case
briefed
orally
argued
affirm
judgment
district
ii
respect
procedures
followed
appeals
refusing
stay
petitioner
death
sentence
must
remembered
direct
appeal
primary
avenue
review
conviction
sentence
death
penalty
cases
exception
process
direct
review
federal
question
involved
includes
right
petition
writ
certiorari
comes
end
presumption
finality
legality
attaches
conviction
sentence
role
federal
habeas
proceedings
important
assuring
constitutional
rights
observed
secondary
limited
federal
courts
forums
relitigate
state
trials
even
less
federal
habeas
means
defendant
entitled
delay
execution
indefinitely
procedures
adopted
facilitate
orderly
consideration
disposition
habeas
petitions
legal
entitlements
defendant
right
pursue
irrespective
contribution
procedures
make
toward
uncovering
constitutional
error
natural
counsel
condemned
capital
case
lay
hold
every
ground
judgment
might
tend
advantage
client
administration
justice
interfered
mere
pretexts
lambert
barrett
furthermore
unlike
term
years
death
sentence
begin
carried
state
substantial
legal
issues
remain
outstanding
accordingly
federal
courts
must
isolate
exceptional
cases
constitutional
error
requires
retrial
resentencing
certainly
swiftly
orderly
procedures
permit
need
however
fail
give
nonfrivolous
claims
constitutional
error
careful
attention
deserve
reasons
granted
certiorari
judgment
determine
whether
appeals
erred
refusing
stay
petitioner
death
sentence
petitioner
urges
appeals
improperly
denied
stay
execution
failing
act
finally
appeal
suggests
possibility
remanding
case
appeals
without
reaching
merits
district
judgment
heart
petitioner
submission
appeals
unless
believes
case
entirely
frivolous
obligated
decide
appeal
merits
usual
course
must
death
case
stay
execution
pending
disposition
state
responds
appeals
reached
decided
merits
issues
presented
course
denying
stay
petitioner
ample
opportunity
address
merits
previously
held
appellant
persuades
appropriate
tribunal
probable
cause
appeal
exists
must
afforded
opportunity
address
underlying
merits
garrison
patterson
supra
per
curiam
see
nowakowski
maroney
supra
carafas
lavallee
supra
decisions
indicate
appeals
unable
resolve
merits
appeal
scheduled
date
execution
petitioner
entitled
stay
execution
permit
due
consideration
merits
also
held
requirement
decision
merits
prevent
courts
appeals
adopting
appropriate
summary
procedures
final
disposition
cases
garrison
patterson
see
carafas
lavallee
garrison
examining
prior
holdings
concluded
othing
cases
prevents
courts
appeals
considering
questions
probable
cause
merits
together
nothing
said
necessarily
requires
full
briefing
every
instance
certificate
granted
hold
appeal
possesses
sufficient
merit
warrant
certificate
appellant
must
afforded
adequate
opportunity
address
merits
summary
procedure
adopted
appellant
must
informed
rule
otherwise
opportunity
limited
surface
clear
whether
fifth
circuit
recent
practice
requiring
showing
prospect
success
merits
issuing
stay
execution
estelle
brooks
estelle
comports
requirements
approving
execution
defendant
appeal
decided
merits
clearly
improper
garrison
nowakowski
carafas
however
practice
deciding
merits
appeal
possible
together
application
stay
inconsistent
cases
appears
clear
appeals
case
pursued
latter
course
appeals
fully
aware
precedents
ruled
requirements
fully
satisfied
quoting
garrison
appeals
said
actions
fall
language
petitioner
motion
directed
solely
merits
parties
also
afforded
unlimited
opportunity
make
contentions
upon
underlying
merits
oral
argument
opinion
demonstrates
reasons
decision
course
pursued
appeals
case
within
bounds
prior
decisions
connection
acting
stay
parties
directed
file
briefs
present
oral
argument
light
fifth
circuit
announced
practice
estelle
supra
brooks
estelle
supra
clear
whether
stay
granted
depended
probability
success
merits
parties
addressed
merits
given
unlimited
time
present
argument
agree
petitioner
attorneys
prejudiced
preparation
appeal
primary
issue
presented
briefed
argued
throughout
proceedings
state
courts
rebriefed
reargued
district
habeas
corpus
proceeding
time
district
ruled
petition
november
petitioner
days
prepare
briefs
arguments
presented
fifth
circuit
january
although
appeals
formally
affirm
judgment
district
question
appeals
ruled
merits
appeal
concluding
statements
demonstrate
benefit
full
trial
record
except
exhibits
unimportant
considerations
read
arguments
materials
filed
parties
petitioner
represented
throughout
habeas
corpus
proceedings
state
federal
courts
competent
attorney
experienced
area
law
heard
full
arguments
open
finding
patent
substantial
merit
semblance
thereof
petitioner
constitutional
objections
must
conclude
order
motion
stay
denied
although
appeals
moved
swiftly
decide
stay
mean
treatment
merits
cursory
inadequate
contrary
resolution
primary
issue
appeal
admission
psychiatric
testimony
dangerousness
reflects
careful
consideration
reasons
remand
appeals
verification
judgment
district
affirmed
unwarranted
exaltation
form
substance
appeals
handling
case
tolerable
precedents
suggest
course
accepted
norm
preferred
procedure
matter
public
record
increasing
number
petitioners
entering
appellate
stages
federal
habeas
process
fair
efficient
consideration
appeals
requires
proper
procedures
handling
applications
stays
executions
demands
procedures
allow
decision
merits
appeal
accompanying
denial
stay
development
procedures
primarily
function
courts
appeals
rulemaking
processes
federal
courts
following
general
guidelines
set
forth
first
congress
established
requirement
prisoner
obtain
certificate
probable
cause
appeal
order
prevent
frivolous
appeals
delaying
ability
impose
sentences
including
death
sentences
primary
means
separating
meritorious
frivolous
appeals
decision
grant
withhold
certificate
probable
cause
generally
agreed
probable
cause
requires
something
absence
frivolity
standard
higher
one
good
faith
requirement
blackmun
allowance
forma
pauperis
appeals
habeas
corpus
cases
agree
weight
opinion
courts
appeals
certificate
probable
cause
requires
petitioner
make
substantial
showing
denial
federal
right
stewart
beto
cert
denied
see
also
ramsey
hand
goode
wainwright
capital
case
nature
penalty
proper
consideration
determining
whether
issue
certificate
probable
cause
severity
penalty
suffice
warrant
automatic
issuing
certificate
second
certificate
probable
cause
issued
district
case
later
appeals
petitioner
must
afforded
opportunity
address
merits
appeals
obligated
decide
merits
appeal
accordingly
appeals
necessary
prevent
case
becoming
moot
petitioner
execution
grant
stay
execution
pending
disposition
appeal
condemned
prisoner
obtains
certificate
probable
cause
initial
habeas
appeal
third
earlier
cases
indicated
appeals
may
adopt
expedited
procedures
resolving
merits
habeas
appeals
notwithstanding
issuance
certificate
probable
cause
circuit
chooses
follow
course
advisable
promulgate
local
rule
stating
manner
cases
handled
informing
counsel
merits
appeal
may
decided
upon
motion
stay
even
without
special
procedures
entirely
appropriate
appeal
frivolous
entirely
without
merit
dismissed
hearing
motion
stay
see
local
rule
appeals
fifth
circuit
caution
issuance
certificate
probable
cause
generally
indicate
appeal
legally
frivolous
appeals
confident
petitioner
claim
squarely
foreclosed
statute
rule
authoritative
decision
lacking
factual
basis
record
case
dismissing
frivolous
appeal
frivolous
appeals
may
still
choose
expedite
briefing
hearing
merits
selected
cases
stay
death
sentence
requested
provided
counsel
adequate
opportunity
address
merits
knows
expected
appropriate
notice
provided
argument
merits
may
heard
time
motion
stay
considered
may
thereafter
render
single
opinion
deciding
merits
motion
unless
exigencies
time
preclude
considered
decision
merits
case
motion
stay
must
granted
choosing
procedures
used
courts
consider
whether
delay
avoided
summary
procedures
warrants
departing
normal
untruncated
processes
appellate
review
instances
expedition
briefing
argument
schedule
ordered
appeals
may
nevertheless
choose
advance
capital
cases
docket
decision
appeals
delayed
weight
business
fourth
second
successive
federal
habeas
corpus
petitions
present
different
issue
extent
involve
danger
condemned
inmate
might
attempt
use
repeated
petitions
appeals
mere
delaying
tactic
state
quite
legitimate
interest
preventing
abuses
writ
brief
naacp
legal
defense
educational
fund
amicus
curiae
title
rule
second
successive
petition
may
dismissed
judge
finds
fails
allege
new
different
grounds
relief
failure
petitioner
assert
grounds
prior
petition
constituted
abuse
writ
see
sanders
advisory
committee
note
rule
even
concluded
petition
dismissed
rule
proper
district
expedite
consideration
petition
granting
stay
reflect
presence
substantial
grounds
upon
relief
might
granted
fifth
stays
execution
automatic
pending
filing
consideration
petition
writ
certiorari
appeals
denied
writ
habeas
corpus
well
established
must
reasonable
probability
four
members
consider
underlying
issue
sufficiently
meritorious
grant
certiorari
notation
probable
jurisdiction
must
significant
possibility
reversal
lower
decision
must
likelihood
irreparable
harm
result
decision
stayed
white
florida
powell
chambers
quoting
publishing
schulingkamp
powell
chambers
applications
stays
death
sentences
expected
contain
information
materials
necessary
make
careful
assessment
merits
issue
reliably
determine
whether
plenary
review
stay
warranted
stay
execution
first
sought
appeals
generally
places
considerable
weight
decision
reached
courts
appeals
circumstances
iii
petitioner
merits
submission
death
sentence
must
set
aside
constitution
barred
testimony
two
psychiatrists
testified
punishment
hearing
several
aspects
claim
first
urged
psychiatrists
individually
group
incompetent
predict
acceptable
degree
reliability
particular
criminal
commit
crimes
future
represent
danger
community
second
said
event
psychiatrists
permitted
testify
future
dangerousness
response
hypothetical
questions
without
examined
defendant
personally
third
argued
particular
circumstances
case
testimony
psychiatrists
unreliable
sentence
set
aside
indicated
reject
arguments
suggestion
psychiatrist
testimony
may
presented
respect
defendant
future
dangerousness
somewhat
like
asking
us
disinvent
wheel
first
place
contrary
cases
likelihood
defendant
committing
crimes
constitutionally
acceptable
criterion
imposing
death
penalty
jurek
texas
impossible
even
lay
person
sensibly
arrive
conclusion
makes
little
sense
submit
psychiatrists
entire
universe
persons
might
opinion
issue
know
little
subject
permitted
testify
jurek
seven
justices
rejected
claim
impossible
predict
future
behavior
dangerousness
therefore
invalid
consideration
imposing
death
penalty
justices
stewart
powell
stevens
responded
directly
argument
course
easy
predict
future
behavior
fact
determination
difficult
however
mean
made
indeed
prediction
future
criminal
conduct
essential
element
many
decisions
rendered
throughout
criminal
justice
system
decision
whether
admit
defendant
bail
instance
must
often
turn
judge
prediction
defendant
future
conduct
sentencing
authority
must
predict
convicted
person
probable
future
conduct
engages
process
determining
punishment
impose
sentenced
prison
predictions
must
made
parole
authorities
task
texas
jury
must
perform
answering
statutory
question
issue
thus
basically
different
task
performed
countless
times
day
throughout
american
system
criminal
justice
essential
jury
possible
relevant
information
individual
defendant
whose
fate
must
determine
texas
law
clearly
assures
evidence
adduced
acceptance
petitioner
position
expert
testimony
future
dangerousness
far
unreliable
admissible
immediately
call
question
contexts
predictions
future
behavior
constantly
made
example
donaldson
held
nondangerous
mental
hospital
patient
held
confinement
later
speaking
requirements
civil
commitments
said
may
factual
issues
commitment
proceeding
factual
aspects
represent
beginning
inquiry
whether
individual
mentally
ill
dangerous
either
others
need
confined
therapy
turns
meaning
facts
must
interpreted
expert
psychiatrists
psychologists
addington
texas
third
petitioner
view
mirrors
position
expressed
amicus
brief
american
psychiatric
association
apa
indicated
however
view
presented
rejected
estelle
smith
convinced
view
apa
converted
constitutional
rule
barring
entire
category
expert
testimony
persuaded
testimony
almost
entirely
unreliable
factfinder
adversary
system
competent
uncover
recognize
take
due
account
shortcomings
amicus
suggest
views
held
members
association
profession
generally
indeed
case
others
indicate
doctors
quite
willing
testify
sentencing
hearing
think
say
know
talking
expressly
disagree
association
point
view
furthermore
qualifications
experts
regularly
accepted
courts
obviously
wrong
discredited
insuperable
problem
calling
members
association
view
confidently
assert
opinion
amicus
brief
neither
petitioner
association
suggests
psychiatrists
always
wrong
respect
future
dangerousness
time
yet
submission
category
testimony
excised
entirely
trials
unconvinced
however
least
adversary
process
trusted
sort
reliable
unreliable
evidence
opinion
future
dangerousness
particularly
convicted
felon
opportunity
present
side
case
unaware
cited
case
federal
state
adopted
categorical
views
association
certainly
presented
rejected
every
stage
present
proceeding
listening
two
schools
thought
testify
generally
also
petitioner
criminal
record
district
found
majority
psychiatric
experts
agree
pattern
repetitive
assaultive
violent
conduct
accuracy
psychiatric
predictions
future
dangerousness
dramatically
rises
accuracy
conclusion
reaffirmed
expert
medical
testimony
case
evidentiary
hearing
appear
petitioner
complaint
diagnosis
prediction
made
drs
holbrook
grigson
punishment
phase
trial
grigson
expressed
extreme
certainty
diagnosis
prediction
event
differences
among
experts
quantitative
qualitative
differences
opinion
go
weight
evidence
admissibility
testimony
disputes
within
province
jury
resolve
indeed
fundamental
premise
entire
system
criminal
jurisprudence
purpose
jury
sort
true
testimony
false
important
matters
unimportant
matters
called
upon
give
greater
credence
one
party
expert
witnesses
another
matters
occur
routinely
american
judicial
system
civil
criminal
app
omitted
whatever
decision
may
use
psychiatric
testimony
general
issue
future
dangerousness
petitioner
urges
testimony
must
based
personal
examination
defendant
may
given
response
hypothetical
questions
disagree
expert
testimony
whether
form
opinion
based
hypothetical
questions
otherwise
commonly
admitted
evidence
might
help
factfinder
assigned
job
said
long
ago
spring
edgar
men
made
questions
skill
science
object
particular
study
says
phillips
competent
give
opinions
evidence
opinions
general
deduced
facts
disputed
facts
given
evidence
author
proceeds
say
need
founded
upon
personal
knowledge
facts
may
founded
upon
statement
facts
proved
case
medical
men
example
may
give
opinions
state
patient
may
visited
cause
death
person
whose
body
examined
nature
instruments
caused
wounds
examined
also
cases
seen
patient
heard
symptoms
particulars
state
detailed
witnesses
trial
judicial
tribunals
many
instances
held
medical
works
admissible
everywhere
hold
men
skilled
science
art
particular
trades
may
give
opinions
witnesses
matters
pertaining
professional
calling
today
federal
system
federal
rules
evidence
provide
testimony
experts
advisory
committee
notes
touch
particular
objections
hypothetical
questions
none
caveats
lends
support
petitioner
constitutional
arguments
furthermore
texas
criminal
appeals
find
fault
mode
examining
two
psychiatrists
texas
law
trial
err
permitting
doctors
testify
basis
hypothetical
question
use
hypothetical
questions
examination
expert
witnesses
practice
mccormick
ray
texas
evidence
ed
experts
examined
appellant
went
weight
testimony
admissibility
understand
petitioner
contends
even
use
hypothetical
questions
predicting
future
dangerousness
acceptable
general
rule
use
made
case
violated
right
due
process
law
example
petitioner
insists
doctors
permitted
give
opinion
ultimate
issue
jury
particularly
hypothetical
questions
phrased
terms
petitioner
conduct
hypothetical
questions
referred
controverted
facts
answers
questions
positive
assertions
fact
opinion
claims
misuse
hypothetical
questions
well
others
rejected
texas
courts
neither
district
appeals
found
constitutional
infirmity
application
texas
rules
evidence
particular
case
agree
iv
sum
affirm
judgment
district
doubt
psychiatric
testimony
increased
likelihood
petitioner
sentenced
death
fact
make
evidence
inadmissible
respect
relevant
evidence
defendant
criminal
case
bottom
agree
petitioner
basic
position
seriously
undermine
effect
overrule
jurek
texas
petitioner
conceded
much
oral
argument
tr
oral
arg
inclined
however
overturn
decision
case
judgment
district
affirmed
footnotes
upon
finding
defendant
guilty
capital
offense
shall
conduct
separate
sentencing
proceeding
determine
whether
defendant
shall
sentenced
death
life
imprisonment
proceeding
shall
conducted
trial
trial
jury
soon
practicable
proceeding
evidence
may
presented
matter
deems
relevant
sentence
subsection
shall
construed
authorize
introduction
evidence
secured
violation
constitution
state
texas
state
defendant
counsel
shall
permitted
present
argument
sentence
death
conclusion
presentation
evidence
shall
submit
following
issues
jury
whether
conduct
defendant
caused
death
deceased
committed
deliberately
reasonable
expectation
death
deceased
another
result
whether
probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
raised
evidence
whether
conduct
defendant
killing
deceased
unreasonable
response
provocation
deceased
state
must
prove
issue
submitted
beyond
reasonable
doubt
jury
shall
return
special
verdict
yes
issue
submitted
case
treated
application
stay
petition
certiorari
alternative
petition
certiorari
judgment
denied
petition
either
assumption
habeas
corpus
act
act
ch
stat
first
act
empowering
federal
courts
issue
writ
habeas
corpus
persons
state
custody
imposed
automatic
stay
proceeding
person
pending
proceedings
appeal
involved
determination
prisoner
petition
see
rev
stat
provision
required
stay
execution
pending
disposition
appeal
capital
cases
rogers
peck
lambert
barrett
concerned
increasing
number
frivolous
habeas
corpus
petitions
challenging
capital
sentences
delayed
execution
pending
completion
appellate
process
congress
inserted
requirement
prisoner
first
obtain
certificate
probable
cause
appeal
entitled
act
mar
ch
stat
see
cong
rec
following
quotation
cogently
sums
standard
requiring
question
substance
substantial
showing
denial
federal
right
obviously
petitioner
need
show
prevail
merits
already
failed
endeavor
rather
must
demonstrate
issues
debatable
among
jurists
reason
resolve
issues
different
manner
questions
adequate
deserve
encouragement
proceed
gordon
willis
supp
nd
citing
ex
rel
jones
richmond
cert
denied
case
evidence
offered
petitioner
trial
contradict
testimony
doctors
holbrook
grigson
contention
despite
petitioner
claim
indigence
refused
provide
expert
petitioner
cases
indigency
texas
law
provides
payment
expenses
incurred
purposes
investigation
expert
testimony
tex
code
crim
proc
art
vernon
supp
federal
cases
cited
justice
blackmun
dissent
rejecting
scientific
proof
post
constitutional
decisions
decisions
federal
evidence
law
question
us
whether
constitution
forbids
exposing
jury
judge
state
criminal
trial
opinions
psychiatrists
issue
justice
blackmun
dissent
concedes
factfinders
constitutionally
competent
decide
trial
holbrook
testified
without
contradiction
psychiatrist
predict
future
dangerousness
individual
given
enough
background
information
individual
tr
trial
tr
grigson
obviously
held
similar
view
see
district
hearing
habeas
petition
state
called
two
expert
witnesses
george
parker
psychologist
richard
koons
psychiatrist
doctors
agreed
accurate
predictions
future
dangerousness
made
enough
information
provided
furthermore
deemed
highly
likely
individual
fitting
characteristics
one
barefoot
hypothetical
commit
future
acts
violence
tr
hearing
tr
although
barefoot
present
expert
testimony
trial
habeas
hearing
called
fred
fason
psychiatrist
wendell
dickerson
psychologist
fason
dwell
general
ability
mental
health
professionals
predict
future
dangerousness
instead
part
merely
criticized
giving
diagnosis
based
upon
hypothetical
question
without
actual
examination
conceded
medical
student
described
patient
terms
barefoot
hypothetical
highest
order
suspicion
degree
patient
sociopathic
personality
insisted
however
initial
impression
doctor
give
firm
diagnosis
without
full
examination
testing
dickerson
petitioner
expert
person
testify
suggested
reliable
psychiatric
predictions
dangerousness
ever
made
aware
many
mental
health
professionals
questioned
usefulness
psychiatric
predictions
future
dangerousness
light
studies
indicating
predictions
often
inaccurate
example
habeas
hearing
dickerson
one
petitioner
expert
witnesses
testified
psychiatric
predictions
future
dangerousness
wrong
two
three
times
conceded
however
despite
high
error
rate
one
excellently
done
study
shown
predictive
validity
predicting
violence
john
monahan
upon
one
state
experts
relied
leading
thinker
issue
concluded
best
clinical
research
currently
existence
indicates
psychiatrists
psychologists
accurate
one
three
predictions
violent
behavior
period
among
institutionalized
populations
committed
violence
past
diagnosed
mentally
monahan
clinical
prediction
violent
behavior
emphasis
original
however
although
monahan
originally
believed
impossible
predict
violent
behavior
time
completed
monograph
felt
may
circumstances
prediction
empirically
possible
ethically
appropriate
hoped
work
improve
appropriateness
accuracy
clinical
predictions
professional
doubts
usefulness
psychiatric
predictions
called
attention
jury
petitioner
entire
argument
well
justice
blackmun
dissent
founded
premise
jury
able
separate
wheat
chaff
share
low
evaluation
adversary
process
petitioner
relies
people
murtishaw
cal
california
held
light
general
unreliability
testimony
admitting
medical
testimony
concerning
future
dangerousness
error
context
sentencing
proceeding
california
capital
punishment
statutes
observed
testimony
psychiatrist
relevant
listed
factors
jury
consider
deciding
whether
impose
death
penalty
distinguished
cases
however
trier
fact
required
statute
determine
whether
person
dangerous
event
expert
prediction
unreliable
though
may
often
evidence
available
assist
trier
fact
ibid
furthermore
acknowledged
despite
recognized
general
unreliability
predictions
concerning
future
violence
may
possible
party
particular
case
show
reliable
prediction
possible
reliable
prediction
might
also
conceivable
defendant
exhibited
pattern
criminal
violence
knowledgeable
psychiatrist
anticipate
future
violence
finally
note
way
indicate
holding
based
constitutional
grounds
petitioner
also
relies
white
estelle
supp
sd
tex
case
express
serious
reservations
use
psychiatric
predictions
based
hypotheticals
instances
doctor
previous
contact
defendant
actual
holding
case
totally
irrelevant
issues
testimony
doctor
interviewed
defendant
excluded
prior
interview
defendant
given
miranda
warnings
opportunity
consult
attorney
required
estelle
smith
support
view
cases
spaulding
appear
said
rule
rooted
constitution
event
note
advisory
committee
notes
rule
federal
rules
evidence
state
follows
basic
approach
opinions
lay
expert
rules
admit
helpful
trier
fact
order
render
approach
fully
effective
allay
doubt
subject
ultimate
issue
rule
abolished
instant
rule
nothing
prevented
petitioner
propounding
hypothetical
doctors
based
version
facts
drs
holbrook
grigson
readily
admitted
opinions
might
change
assumptions
state
hypothetical
true
tr
certain
state
expert
prediction
easier
defendant
impeach
example
response
grigson
assertion
sure
individual
characteristics
one
hypothetical
commit
acts
violence
future
fason
testified
habeas
hearing
doctor
claimed
sure
something
without
examining
patient
kick
staff
hospital
arrogance
tr
similar
testimony
presented
barefoot
trial
justice
stevens
concurring
judgment
reasons
stated
parts
ii
justice
marshall
dissenting
opinion
agree
appeals
made
serious
procedural
error
case
nevertheless
since
reviewed
merits
petitioner
appeal
since
agree
ultimate
conclusion
judgment
district
must
affirmed
join
judgment
justice
marshall
justice
brennan
joins
dissenting
subscribe
conclusion
procedure
followed
appeals
case
inconsistent
cases
ante
accept
notion
proper
appeals
adopt
special
summary
procedures
capital
cases
ante
merits
vacate
petitioner
death
sentence
wholeheartedly
agree
state
prisoner
obtained
certificate
probable
cause
appeal
denial
petition
writ
habeas
corpus
must
afforded
opportunity
address
merits
appeals
obligated
decide
merits
appeal
ante
prisoner
made
showing
necessary
obtain
certificate
probable
cause
satisfied
condition
congress
placed
right
appeal
habeas
corpus
cases
repeatedly
held
certificate
probable
cause
granted
appeal
must
duly
considered
disposed
merits
appeals
accord
ordinary
procedure
likewise
agree
pproving
execution
defendant
appeal
decided
merits
clearly
improper
appeals
necessary
prevent
case
becoming
moot
petitioner
execution
grant
stay
execution
pending
disposition
appeal
ante
prisoner
right
appeal
meaningless
state
allowed
execute
appeal
considered
decided
although
question
decided
today
exception
fifth
circuit
rulings
case
brooks
estelle
stay
cert
judgment
denied
courts
appeals
consistently
held
stay
execution
must
granted
unless
clear
prisoner
appeal
entirely
frivolous
see
goode
wainwright
shaw
martin
phillips
ex
rel
devita
mccorkle
fouquette
bernard
denman
rule
reflects
recognition
simple
fact
nature
proceedings
motion
stay
execution
limited
record
coupled
time
constraints
preclude
inquiry
actual
merits
shaw
martin
supra
ii
given
acceptance
basic
principles
frankly
understand
conclude
appeals
treatment
case
tolerable
ante
says
appeals
obligated
decide
merits
appeal
ante
definitely
failed
discharge
obligation
never
ruled
petitioner
appeal
simply
false
say
appeals
ruled
merits
appeal
ante
record
plainly
shows
appeals
thing
neither
dismissed
appeal
frivolous
affirmed
judgment
district
appeals
made
one
ruling
one
ruling
refused
stay
petitioner
execution
granted
stay
petitioner
put
death
without
appeal
ever
decided
one
way
flatly
wrong
suggesting
defect
merely
technical
appeals
verif
ied
obvious
expressly
affirming
judgment
district
time
denied
stay
ante
appeals
failure
decide
petitioner
appeal
oversight
simply
authority
decide
appeal
basis
papers
response
question
point
oral
argument
respondent
expressly
conceded
appeals
position
affirm
district
judgment
question
think
appeals
well
concluded
judgment
district
affirmed
becker
sir
tr
oral
arg
appeals
dismissed
petitioner
appeal
frivolous
although
rule
local
rules
fifth
circuit
permits
dismissal
frivolous
appeal
petitioner
appeal
subject
dismissal
rule
simple
reason
also
conceded
state
oral
argument
tr
oral
arg
frivolous
appeals
decide
petitioner
appeal
decided
decided
likelihood
petitioner
prevailing
merits
insufficient
justify
delay
result
staying
execution
pending
disposition
appeal
question
us
whether
ruling
permissible
avoided
erroneously
assuming
appeals
decided
petitioner
appeal
time
denied
stay
principles
stated
part
opinion
provide
answer
question
prisoner
obtained
certificate
probable
cause
appeal
appeals
obligated
decide
merits
appeal
ante
held
less
three
separate
occasions
see
garrison
patterson
per
curiam
carafas
lavallee
nowakowski
maroney
per
curiam
also
recognizes
ante
appeals
fulfill
obligation
permits
state
execute
prisoner
appeal
decided
probable
cause
appeal
mockery
federal
justice
execute
prisoner
pending
consideration
fouquette
bernard
supra
effort
reconcile
procedure
followed
appeals
principles
based
egregious
misreading
garrison
patterson
ante
explicitly
stated
garrison
district
grants
certificate
probable
cause
appeals
must
proceed
disposition
appeal
accord
ordinary
procedure
quoting
nowakowski
maroney
supra
attempt
avoid
obvious
import
statement
quotes
context
garrison
stated
effort
determine
whether
merits
addressed
solicited
submissions
parties
even
cursory
examination
opinion
garrison
shows
provides
support
whatsoever
conclusion
consideration
merits
ruling
stay
makes
actual
decision
merits
appeal
unnecessary
garrison
contrast
case
appeals
decide
prisoner
appeal
issued
order
granted
certificate
probable
cause
next
sentence
affirmed
district
decision
without
explanation
determine
whether
merely
pro
forma
decision
unaccompanied
real
consideration
issues
solicited
submissions
parties
determine
whether
merits
addressed
unrecorded
hearing
appeals
since
responses
received
demonstrate
appeals
actually
considered
merits
reversed
remanded
consideration
appeal
garrison
establishes
consideration
merits
necessary
satisfy
appeals
statutory
obligation
way
suggests
however
consideration
merits
ever
substitute
actual
ruling
appeal
garrison
held
appeals
failed
discharge
statutory
obligation
even
though
decide
prisoner
appeal
holding
transformed
authority
proposition
appeals
need
decide
prisoner
appeal
considers
merits
appeal
ruling
interlocutory
motion
offers
justification
procedure
followed
appeals
none
state
legitimate
interest
executing
prisoner
obtained
full
review
sentence
stay
execution
pending
appeal
causes
harm
state
apart
minimal
burden
providing
jail
cell
prisoner
period
time
necessary
decide
appeal
contrast
denial
stay
basis
hasty
finding
prisoner
likely
succeed
appeal
permits
state
execute
prior
full
review
concededly
substantial
constitutional
challenge
sentence
hurried
evaluation
appeal
proves
erroneous
entirely
possible
difficult
legal
issues
decided
without
adequate
time
briefing
full
consideration
execution
prisoner
make
impossible
undo
mistake
federal
judge
decided
district
judge
prisoner
sentence
death
raised
substantial
constitutional
claim
travesty
justice
permit
state
execute
appeal
considered
decided
prisoner
statutory
right
appeal
means
anything
state
simply
allowed
kill
thereby
moot
appeal
iii
content
approving
precipitous
procedure
followed
case
also
proceeds
suggest
part
opinion
appeals
might
properly
adopt
special
summary
procedures
selected
cases
stay
death
sentence
requested
ante
important
bear
mind
suggestion
directed
cases
certificate
probable
cause
appeal
granted
appeals
concluded
appeal
frivolous
prisoner
sentenced
punishment
death
appeal
therefore
considered
decided
accord
appeals
ordinary
procedure
since
sentenced
death
since
scheduled
date
execution
imminent
appeal
decided
special
truncated
procedures
short
appeal
raises
substantial
constitutional
question
singled
summary
treatment
solely
state
announced
intention
execute
appellant
ordinary
appellate
procedure
run
course
truly
perverse
suggestion
full
briefing
argument
generally
regarded
necessary
fair
careful
review
nonfrivolous
appeal
absolutely
justification
providing
fewer
procedural
protections
solely
man
life
stake
given
irreversible
nature
death
penalty
hard
think
class
cases
summary
procedures
less
appropriate
capital
cases
presenting
substantial
constitutional
issue
difference
capital
cases
cases
basis
differentiation
law
diverse
ways
williams
georgia
omitted
today
never
suggested
far
know
fewer
safeguards
required
life
stake
liberty
property
stake
always
insisted
need
procedural
safeguards
particularly
great
life
stake
long
established
right
counsel
felony
cases
gideon
wainwright
recognized
right
capital
cases
powell
alabama
time
condemned
procedures
capital
cases
might
completely
acceptable
ordinary
case
see
bullington
missouri
beck
alabama
green
georgia
per
curiam
lockett
ohio
gardner
florida
woodson
north
carolina
decisions
reflect
appreciation
fundamental
fact
penalty
death
qualitatively
different
sentence
imprisonment
however
long
death
finality
differs
life
imprisonment
prison
term
differs
one
year
two
opinion
stewart
powell
stevens
jj
omitted
suggesting
special
summary
procedures
might
adopted
solely
capital
cases
majority
turns
established
approach
head
given
suggestion
runs
contrary
repeated
insistence
particular
need
reliability
capital
cases
one
expected
indication
might
conceivably
appropriate
adopt
procedures
instead
suggestion
offered
without
explanation
conclusory
paragraph
entire
majority
opinion
hint
possible
rationale
cryptic
quotation
following
statement
lambert
barrett
natural
counsel
condemned
capital
case
lay
hold
every
ground
judgment
might
tend
advantage
client
administration
justice
interfered
mere
pretexts
quoted
ante
contrary
law
dealing
cases
federal
judge
familiar
case
concluded
substantial
constitutional
claim
presented
appeals
agreed
appeal
frivolous
contrary
fact
experience
shows
prisoners
death
row
succeeded
extraordinary
number
appeals
capital
cases
decided
merits
courts
appeals
since
prisoner
appealed
denial
habeas
relief
prisoner
prevailed
fewer
cases
approximately
time
fifth
circuit
capital
cases
prisoner
appellant
prisoner
prevailed
cases
record
established
beyond
doubt
large
proportion
federal
habeas
corpus
appeals
prisoners
death
row
meritorious
even
though
present
claims
unsuccessful
state
courts
discretion
decided
review
certiorari
federal
district
judge
rejected
view
irreversible
nature
death
penalty
extraordinary
number
death
sentences
found
suffer
constitutional
infirmity
grossly
improper
appeals
establish
special
summary
procedures
capital
cases
consolation
find
today
decision
primary
responsibility
selecting
appropriate
procedures
appeals
lies
points
ante
courts
appeals
cf
burwell
per
curiam
notwithstanding
profoundly
disturbing
attitude
reflected
today
opinion
hopeful
circuit
judges
ever
support
adoption
procedures
afford
less
consideration
appeal
man
life
stake
appeal
challenging
ordinary
money
judgment
iv
adhering
view
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
see
gregg
georgia
marshall
dissenting
furman
georgia
marshall
concurring
vacate
petitioner
death
sentence
title
provides
habeas
corpus
proceeding
circuit
district
judge
final
order
shall
subject
review
appeal
appeals
circuit
proceeding
petitioner
obtains
certificate
probable
cause
justice
judge
rendered
order
circuit
justice
judge
carafas
lavallee
garrison
patterson
per
curiam
nowakowski
maroney
per
curiam
see
generally
blackmun
allowance
forma
pauperis
appeals
habeas
corpus
cases
fifth
circuit
followed
procedure
brooks
estelle
similar
employed
denial
brooks
application
stay
petition
certiorari
judgment
constitute
precedent
approving
procedure
denials
certiorari
never
precedential
value
see
brown
allen
sunal
large
house
mayo
denial
stay
precedential
value
either
since
order
discuss
standard
courts
appeals
apply
passing
application
stay
pending
appeal
recent
rulings
fifth
circuit
also
followed
approach
see
ex
rel
goins
sigler
long
rule
death
sentence
imposed
federal
stayed
matter
course
defendant
takes
appeal
see
fed
rule
crim
proc
sentence
death
shall
stayed
appeal
taken
see
tr
oral
arg
question
hy
suggest
wrong
appeals
affirm
becker
routine
policy
think
question
becker
sir
reaching
conclusion
appeals
relied
cases
involving
stays
ordinary
civil
litigation
denial
stay
result
execution
one
litigants
appeal
decided
agree
appeal
may
dismissed
frivolous
squarely
foreclosed
statute
rule
authoritative
decision
lacking
factual
basis
record
ante
add
view
frequent
changes
recent
years
law
governing
capital
cases
see
bullington
missouri
distinguishing
stroud
gardner
florida
distinguishing
williams
new
york
fact
appeal
challenges
holding
make
frivolous
plausible
argument
made
decision
question
called
question
later
developments
see
brief
naacp
legal
defense
educational
fund
amicus
curiae
see
justice
blackmun
justice
brennan
justice
marshall
join
parts
dissenting
agree
justice
marshall
said
dissenting
opinion
dissent
base
conclusion
also
evidentiary
factors
rejects
emphasis
holds
psychiatric
testimony
defendant
future
dangerousness
admissible
despite
fact
testimony
wrong
two
times
three
reaches
result
even
capital
case
said
testimony
subject
impeachment
present
state
psychiatric
knowledge
much
one
may
accept
routine
lawsuit
money
damages
person
life
stake
matter
heinous
offense
requirement
greater
reliability
prevail
capital
case
specious
testimony
psychiatrist
colored
eyes
impressionable
jury
inevitable
untouchability
medical
specialist
words
equates
death
obtain
death
sentence
texas
state
required
prove
beyond
reasonable
doubt
probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
tex
code
crim
proc
art
vernon
practical
matter
prediction
future
dangerousness
issue
decided
barefoot
sentencing
jury
sentencing
hearing
state
established
barefoot
two
prior
convictions
drug
offenses
two
prior
convictions
unlawful
possession
firearms
none
convictions
involved
acts
violence
guilt
stage
trial
limited
purpose
establishing
crime
committed
order
evade
police
custody
see
barefoot
state
tex
crim
app
cert
denied
state
presented
evidence
barefoot
escaped
jail
new
mexico
held
charges
statutory
rape
unlawful
restraint
minor
child
intent
commit
sexual
penetration
child
prosecution
also
called
several
character
witnesses
sentencing
hearing
towns
five
without
mentioning
particular
examples
barefoot
conduct
witnesses
testified
barefoot
reputation
peaceable
citizen
bad
respective
communities
last
prosecution
called
doctors
holbrook
grigson
whose
testimony
extended
half
hearing
neither
examined
barefoot
requested
opportunity
examine
presence
jury
defense
counsel
objection
qualified
expert
psychiatrist
witness
doctor
holbrook
detailed
length
training
experience
psychiatrist
included
position
chief
psychiatric
services
texas
department
corrections
explained
previously
performed
many
criminal
evaluations
trial
tr
subsequently
took
post
department
corrections
observe
subjects
evaluations
certain
opinions
accurate
time
trial
pretrial
informed
jury
within
capacity
doctor
psychiatry
predict
future
dangerousness
individual
within
reasonable
medical
certainty
emphasis
supplied
give
expert
medical
opinion
within
reasonable
psychiatric
certainty
whether
individual
dangerous
degree
probability
person
commit
criminal
acts
violence
future
constitute
continuing
threat
society
emphasis
supplied
doctor
grigson
also
detailed
training
medical
experience
said
included
examination
thirty
forty
thousand
individuals
including
charged
felonies
least
charged
murder
testified
enough
information
able
give
medical
opinion
within
reasonable
psychiatric
certainty
psychological
psychiatric
makeup
individual
emphasis
supplied
skill
particular
field
psychiatry
average
layman
psychiatrist
given
extended
hypothetical
question
asking
assume
true
barefoot
four
prior
convictions
nonviolent
offenses
bad
reputation
various
communities
new
mexico
escape
events
surrounding
murder
trial
doctor
grigson
case
new
mexico
arrest
basis
hypothetical
question
doctor
holbrook
diagnosed
barefoot
within
reasonable
psychiatr
ic
certainty
criminal
sociopath
testified
knew
treatment
change
condition
condition
change
better
may
become
accelerated
next
years
finally
doctor
holbrook
testified
within
reasonable
psychiatric
certainty
probability
thomas
barefoot
hypothetical
commit
criminal
acts
violence
future
constitute
continuing
threat
society
opinion
change
society
issue
within
texas
prisons
rather
society
outside
prison
doctor
grigson
testified
basis
hypothetical
question
diagnose
barefoot
within
reasonable
psychiatric
certainty
individual
fairly
classical
typical
sociopathic
personality
disorder
placed
barefoot
severe
category
sociopaths
scale
one
ten
barefoot
ten
stated
known
cure
condition
finally
doctor
grigson
testified
whether
barefoot
society
large
prison
society
one
hundred
percent
absolute
chance
barefoot
commit
future
acts
criminal
violence
constitute
continuing
threat
society
emphasis
supplied
defense
counsel
questioned
psychiatrists
studies
demonstrating
psychiatrists
predictions
future
dangerousness
inherently
unreliable
doctor
holbrook
indicated
familiarity
many
studies
stated
disagreed
conclusions
doctor
grigson
stated
familiar
studies
conclusions
accepted
small
minority
group
psychiatrists
american
psychiatric
association
believes
hour
deliberation
jury
answered
yes
two
statutory
questions
thomas
barefoot
sentenced
death
ii
american
psychiatric
association
apa
participating
case
amicus
curiae
informs
us
unreliability
psychiatric
predictions
future
dangerousness
established
fact
within
profession
brief
american
psychiatric
association
amicus
curiae
apa
brief
apa
best
estimate
two
three
predictions
future
violence
made
psychiatrists
wrong
dispute
proposition
see
ante
indeed
evidence
overwhelming
example
apa
draft
report
task
force
role
psychiatry
sentencing
process
draft
report
onsiderable
evidence
accumulated
demonstrate
prediction
psychiatrists
future
violence
extremely
inaccurate
process
john
monahan
recognized
leading
thinker
issue
even
state
expert
witness
barefoot
federal
habeas
corpus
hearing
hearing
tr
concludes
best
clinical
research
currently
existence
indicates
psychiatrists
psychologists
accurate
one
three
predictions
violent
behavior
even
among
populations
individuals
mentally
ill
committed
violence
past
monahan
clinical
prediction
violent
behavior
emphasis
deleted
monahan
clinical
prediction
see
also
another
study
found
impossible
identify
subclass
offenders
whose
members
chance
engaging
assaultive
act
wenk
robison
smith
violence
predicted
crime
delinquency
yet
another
commentator
observes
general
mental
health
professionals
likely
wrong
right
predict
legally
relevant
behavior
predicting
violence
dangerousness
suicide
far
likely
wrong
right
morse
crazy
behavior
morals
science
analysis
mental
health
law
cal
rev
morse
analysis
mental
health
law
neither
state
texas
cited
single
reputable
scientific
source
contradicting
unanimous
conclusion
professionals
field
psychiatric
predictions
future
violence
wrong
often
right
apa
also
concludes
see
apa
brief
researchers
studied
issue
psychiatrists
simply
expertise
predicting
future
dangerousness
layman
access
relevant
statistics
least
well
possibly
better
psychiatric
training
relevant
factors
validly
employed
make
predictions
psychiatrists
consistently
err
side
overpredicting
violence
thus
doctors
grigson
holbrook
presented
state
experts
predicting
future
dangerousness
scientific
literature
makes
crystal
clear
expertise
whatever
despite
claims
able
predict
barefoot
future
behavior
within
reasonable
psychiatric
certainty
one
hundred
percent
absolute
certainty
fact
one
three
chance
correct
impossible
square
admission
purportedly
scientific
actually
baseless
testimony
constitution
paramount
concern
reliability
capital
sentencing
death
permissible
punishment
texas
jury
finds
beyond
reasonable
doubt
probability
defendant
commit
future
acts
criminal
violence
admission
unreliable
psychiatric
predictions
future
violence
offered
unabashed
claims
reasonable
medical
certainty
absolute
professional
reliability
creates
intolerable
danger
death
sentences
imposed
erroneously
plurality
woodson
north
carolina
stated
death
finality
differs
life
imprisonment
prison
term
differs
one
year
two
qualitative
difference
corresponding
difference
need
reliability
determination
death
appropriate
punishment
specific
case
danger
unreliable
death
sentence
created
testimony
brushed
aside
ground
jury
must
possible
relevant
information
individual
defendant
whose
fate
must
determine
ante
quoting
jurek
texas
joint
opinion
announcing
judgment
although
committed
allowing
wide
scope
evidence
presentence
hearings
zant
stephens
recognized
consideration
must
given
quality
well
quantity
information
sentencing
authority
may
rely
gardner
florida
thus
recently
reaffirmed
crucial
limitation
permissible
scope
evidence
long
evidence
introduced
es
prejudice
defendant
preferable
impose
restrictions
zant
stephens
quoting
gregg
georgia
emphasis
supplied
admits
obviously
prejudicial
impact
testimony
doctors
grigson
holbrook
granting
absolute
claims
likely
wrong
right
ante
doubt
psychiatric
testimony
increased
likelihood
petitioner
sentenced
death
ante
indeed
unreliable
scientific
evidence
widely
acknowledged
prejudicial
reasons
manifest
major
danger
scientific
evidence
potential
mislead
jury
aura
scientific
infallibility
may
shroud
evidence
thus
lead
jury
accept
without
critical
scrutiny
giannelli
admissibility
novel
scientific
evidence
frye
later
colum
rev
giannelli
scientific
evidence
public
holds
exaggerated
opinion
accuracy
scientific
testimony
prejudice
likely
indelible
see
baller
cert
denied
little
question
psychiatrists
perceived
public
special
expertise
predict
dangerousness
perception
based
psychiatrists
study
mental
disease
see
robitscher
powers
psychiatry
cocozza
steadman
supra
soc
morse
analysis
mental
health
law
cal
perception
state
barefoot
case
sought
exploit
yet
mental
disease
correlated
violence
see
monahan
clinical
prediction
steadman
cocozza
supra
crim
criminology
stark
fact
expertise
exists
moreover
psychiatrists
said
sometimes
attempt
perpetuate
illusion
expertise
cocozza
steadman
supra
soc
doctors
grigson
holbrook
purported
able
predict
future
dangerousness
within
reasonable
psychiatric
certainty
absolutely
present
extremely
disturbing
examples
tendency
problem
uncommon
see
giannelli
scientific
evidence
colum
furthermore
reasonable
concern
encouraging
introduction
wide
scope
evidence
ensure
accurate
information
provided
sentencing
authority
without
restriction
joint
opinion
announcing
judgment
gregg
explained
jury
need
relevant
evidence
terms
experienced
trial
judge
daily
faces
difficult
task
imposing
sentences
vital
need
accurate
information
able
impose
rational
sentence
typical
criminal
case
accurate
sentencing
information
indispensable
prerequisite
reasoned
determination
whether
defendant
shall
live
die
jury
people
may
never
made
sentencing
decision
emphasis
supplied
psychiatric
predictions
future
dangerousness
accurate
wrong
two
times
three
probative
value
therefore
possible
contribution
might
make
ascertainment
truth
virtually
nonexistent
see
cocozza
steadman
supra
rutgers
psychiatric
testimony
sufficiently
reliable
support
finding
individual
dangerous
standard
proof
indeed
given
psychiatrist
prediction
individual
dangerous
likely
defendant
commit
violence
difficult
understand
admission
predictions
justified
advancing
search
truth
particularly
light
clearly
prejudicial
effect
thus
remarkable
observation
either
petitioner
apa
suggests
psychiatrists
always
wrong
respect
future
dangerousness
time
ante
emphasis
supplied
misses
point
completely
claim
testimony
problematic
relevant
evidence
defendant
criminal
case
ante
simply
incredible
surely
commitment
ensuring
death
sentences
imposed
reliably
reasonably
requires
nonprobative
highly
prejudicial
testimony
ultimate
question
life
death
excluded
capital
sentencing
hearing
iii
despite
recognition
testimony
issue
probably
wrong
certainly
prejudicial
holds
testimony
admissible
unconvinced
adversary
process
trusted
sort
reliable
unreliable
evidence
opinion
future
dangerousness
ante
see
ante
one
wonder
juries
separate
valid
invalid
expert
opinions
experts
obviously
unable
indeed
evidence
suggests
juries
effective
assessing
validity
scientific
evidence
giannelli
scientific
evidence
colum
question
psychiatric
predictions
future
violence
undue
effect
ultimate
verdict
even
judges
tend
accept
psychiatrists
recommendations
defendant
dangerousness
little
regard
testimony
cocozza
steadman
supra
soc
making
involuntary
commitment
decisions
psychiatric
predictions
future
dangerousness
accepted
cases
see
morse
analysis
mental
health
law
cal
every
reason
believe
inexperienced
jurors
still
less
capable
separat
ing
wheat
chaff
despite
blithe
assumption
contrary
ante
american
bar
association
warned
repeatedly
sentencing
juries
particularly
incapable
dealing
information
relating
likelihood
defendant
commit
crimes
similar
predictive
judgments
aba
project
standards
criminal
justice
sentencing
alternatives
procedures
commentary
pp
app
draft
aba
standards
criminal
justice
commentary
pp
ed
relying
aba
conclusion
joint
opinion
announcing
judgment
gregg
georgia
recognized
ince
members
jury
little
previous
experience
sentencing
unlikely
skilled
dealing
information
given
case
haste
praise
jury
ability
find
truth
apparently
forgets
worrisome
shortcoming
suggest
petitioner
position
unreliable
expert
testimony
excluded
unheard
law
relies
proposition
rules
evidence
generally
anticipate
relevant
unprivileged
evidence
admitted
weight
left
factfinder
benefit
contrary
evidence
opposing
party
ante
simply
ignores
hornbook
law
despite
availability
rebuttal
witnesses
opinion
evidence
admissible
believes
state
pertinent
art
scientific
knowledge
permit
reasonable
opinion
asserted
cleary
mccormick
evidence
ed
feared
jury
overestimate
probative
value
polygraph
evidence
example
almost
invariably
excluded
trials
despite
fact
conservative
estimate
experienced
polygraph
examiner
detect
truth
deception
correctly
percent
time
ennis
litwack
supra
area
purportedly
expert
testimony
admitted
jury
consideration
demonstrated
correct
often
inconceivable
judgment
considered
expert
judgment
less
accurate
flip
coin
risk
jury
incapable
separating
scientific
myth
reality
deemed
unacceptably
high
constitution
mandate
reliability
stakes
life
death
precludes
reliance
opportunity
present
rebuttal
witnesses
antidote
distortion
process
unlikely
reveal
fatuousness
psychiatric
predictions
predictions
often
rest
case
psychiatric
categories
intuitive
clinical
judgments
susceptible
rebuttal
dix
supra
psychiatric
categories
little
demonstrated
relationship
violence
use
often
obscures
unimpressive
statistical
intuitive
bases
prediction
monahan
clinical
prediction
cocozza
steadman
supra
soc
apa
particularly
condemns
use
diagnosis
employed
doctors
grigson
holbrook
case
sociopathy
area
confusion
reigns
psychiatrist
careful
mislead
judge
jury
believing
person
major
mental
disease
simply
basis
description
prior
criminal
behavior
psychiatrist
mislead
believing
individual
devoid
conscience
basis
description
criminal
acts
alone
profession
psychiatry
responsibility
avoid
inflicting
confusion
upon
courts
spare
defendant
harm
may
result
given
uncertainty
implications
finding
diagnosis
sociopathy
used
justify
support
predictions
future
conduct
certainty
area
draft
report
nature
adversary
system
complicates
use
scientific
opinion
evidence
particularly
field
psychiatry
system
partisan
contention
attack
counterattack
best
ideally
suited
developing
accurate
portrait
profile
human
personality
especially
area
abnormal
behavior
although
ideal
conditions
adversary
system
develop
jury
necessary
fact
material
adequate
decision
conditions
rarely
achieved
courtrooms
country
ideal
conditions
include
highly
skilled
experienced
trial
judge
highly
skilled
lawyers
sides
case
addition
law
techniques
advocacy
sophisticated
matters
medicine
psychiatry
psychology
far
rare
three
legal
actors
cast
meet
standards
burger
psychiatrists
lawyers
courts
fed
prob
june
competent
jury
instructions
may
partial
antidotes
complete
many
cases
truly
adversarial
attorneys
skilled
psychiatrists
laypersons
overweigh
testimony
experts
case
unrestricted
use
experts
promotes
incorrect
view
questions
primarily
scientific
however
antidote
major
difficulty
mental
health
experts
simply
experts
realms
beyond
true
expertise
law
little
special
learn
often
testimony
prejudicial
morse
analysis
mental
health
law
cal
presentation
psychiatric
witnesses
behalf
defense
likely
remove
prejudicial
taint
misleading
testimony
prosecution
psychiatrists
reputable
expert
able
predict
confidence
defendant
violent
best
witness
able
give
opinion
predictions
dangerousness
unreliable
consequently
jury
presented
traditional
battle
experts
opposing
views
ultimate
question
given
choice
expert
says
predict
certainty
defendant
whether
confined
prison
free
society
kill
expert
says
merely
prediction
made
members
jury
charged
law
making
prediction
surely
tempted
opt
expert
claims
help
performing
duty
predicts
dire
consequences
defendant
put
death
moreover
even
best
presentation
defense
psychiatrists
convert
death
sentence
hearing
battle
experts
eighth
amendment
requirement
individually
focused
sentencing
certain
loser
jury
attention
inevitably
turn
assessment
propriety
sentencing
death
defendant
resolving
scientific
dispute
capabilities
psychiatrists
predict
future
violence
atmosphere
every
reason
believe
jury
may
distracted
constitutional
responsibility
consider
particularized
mitigating
factors
see
jurek
texas
passing
defendant
future
dangerousness
see
davis
supra
one
searches
opinion
vain
plausible
justification
tolerating
state
creation
risk
erroneous
death
verdict
one
appeals
observed
courtroom
research
laboratory
fate
defendant
hang
ability
successfully
rebut
scientific
evidence
bears
aura
special
reliability
trustworthiness
although
reality
witness
testifying
basis
unproved
hypothesis
yet
gain
general
acceptance
field
brown
iv
simply
wrong
claiming
psychiatric
testimony
respecting
future
dangerousness
necessarily
admissible
light
jurek
texas
estelle
smith
recognizes
jurek
involved
lay
testimony
ante
thus
surprising
suggestion
testimony
doctors
inadmissible
simply
irrelevant
jurek
disapprov
use
testimony
see
estelle
smith
smith
psychiatric
testimony
issue
given
doctor
grigson
confronts
us
case
conclusions
disturbingly
similar
rendered
see
apa
appearing
amicus
curiae
argued
psychiatric
predictions
future
dangerousness
excluded
capital
sentencing
proceedings
reach
issue
found
smith
death
sentence
invalid
narrower
grounds
doctor
grigson
testimony
violated
smith
fifth
sixth
amendment
rights
contrary
inexplicable
assertion
case
ante
smith
certainly
reject
apa
position
rather
made
clear
holding
jurek
guided
recognition
inquiry
dangerousness
mandated
texas
law
require
resort
medical
experts
emphasis
added
jurek
smith
held
psychiatric
predictions
future
dangerousness
admissible
capital
sentencing
proceeding
claims
guiding
recognition
irrelevant
also
errs
suggesting
exclusion
psychiatrists
predictions
future
dangerousness
contrary
logic
jurek
jurek
merely
upheld
texas
substantive
decision
condition
death
sentence
upon
proof
probability
defendant
commit
criminal
acts
violence
future
whether
evidence
offered
prosecution
prove
probability
unreliable
violate
capital
defendant
rights
due
process
entirely
different
matter
one
raising
questions
fair
procedure
jurek
conclusion
texas
may
impose
death
penalty
capital
defendants
probably
commit
criminal
acts
violence
way
establishes
prosecution
may
convince
jury
misleading
patently
unreliable
evidence
moreover
jurek
holding
texas
death
statute
impermissibly
vague
lead
ineluctably
conclusion
psychiatric
testimony
admissible
makes
sense
exclude
psychiatric
predictions
future
violence
admitting
lay
testimony
see
ante
psychiatric
predictions
appear
come
trained
mental
health
professionals
purport
special
expertise
view
total
scientific
groundlessness
predictions
psychiatric
testimony
fatally
misleading
see
white
estelle
lay
testimony
frankly
based
statistical
factors
demonstrated
correlations
violent
behavior
raise
substantial
threat
unreliable
capricious
sentencing
decisions
inimical
constitutional
standards
established
cases
predictions
accurate
psychiatrist
make
indeed
basis
jurek
understood
judgments
made
laymen
basis
lay
testimony
constitutional
duty
ensure
state
proves
future
dangerousness
reliable
manner
one
ensures
decision
impose
death
sentence
appear
based
reason
rather
caprice
emotion
gardner
florida
texas
choice
substantive
factors
justify
loading
factfinding
process
defendant
presentation
bottom
false
testimony
vacate
petitioner
death
sentence
remand
proceedings
consistent
views
appears
every
person
convicted
capital
murder
texas
satisfy
requirement
relevant
barefoot
sentence
conduct
defendant
caused
death
deceased
committed
deliberately
reasonable
expectation
death
deceased
another
result
tex
code
crim
proc
art
vernon
capital
murder
conviction
requires
finding
defendant
intentionally
knowingly
cause
death
individual
see
tex
penal
code
ann
vernon
see
also
among
many
studies
reaching
conclusion
apa
task
force
report
clinical
aspects
violent
individual
error
rate
nfortunately
state
art
apa
clinical
aspects
steadman
morrissey
statistical
prediction
violent
behavior
law
human
behavior
dix
expert
prediction
testimony
capital
sentencing
evidentiary
constitutional
considerations
crim
rev
schwitzgebel
prediction
dangerousness
implications
treatment
curran
mcgarry
petty
modern
legal
medicine
psychiatry
forensic
science
cocozza
steadman
prediction
psychiatry
example
misplaced
confidence
experts
soc
probs
report
american
psychological
association
task
force
role
psychology
criminal
justice
system
psychologist
steadman
cocozza
psychiatry
dangerousness
repetitively
violent
offender
crim
criminology
cocozza
steadman
failure
psychiatric
predictions
dangerousness
clear
convincing
evidence
rutgers
rev
diamond
psychiatric
prediction
dangerousness
rev
ennis
litwack
psychiatry
presumption
expertise
flipping
coins
courtroom
rev
relatively
early
study
making
point
rome
identification
dangerous
offender
see
apa
clinical
aspects
ziskin
coping
psychiatric
psychological
testimony
ed
steadman
morrissey
supra
morse
analysis
mental
health
law
cal
cocozza
steadman
supra
soc
cocozza
steadman
supra
rutgers
see
apa
brief
apa
clinical
aspects
monahan
clinical
prediction
morse
analysis
mental
health
law
cal
steadman
cocozza
supra
crim
criminology
diamond
supra
psychiatrists
actually
may
less
accurate
predictors
future
violence
laymen
ennis
litwack
supra
may
due
personal
biases
favor
predicting
violence
arising
fear
responsible
erroneous
release
violent
individual
see
monahan
clinical
prediction
morse
analysis
mental
health
law
cal
also
may
due
tendency
generalize
experiences
past
offenders
bases
empirical
relationship
future
violence
see
shah
dangerousness
paradigm
exploring
issues
law
psychology
american
psychologist
mar
tendency
may
present
grigson
holbrook
testimony
statistical
prediction
clearly
reliable
clinical
prediction
monahan
clinical
prediction
steadman
morrissey
supra
prediction
based
statistics
alone
may
done
anyone
morse
analysis
mental
health
law
cal
apa
brief
like
district
app
appeals
seeks
justify
admission
psychiatric
testimony
ground
majority
psychiatric
experts
agree
pattern
repetitive
assaultive
violent
conduct
accuracy
psychiatric
predictions
future
dangerousness
dramatically
rises
ante
quoting
app
district
correctly
found
empirical
evidence
supporting
correlation
repetitive
past
violence
future
violence
apa
said
individual
history
past
violence
increases
probability
future
violence
occur
draft
report
emphasis
supplied
psychiatrists
special
insights
add
actuarial
fact
single
violent
crime
provide
basis
reliable
prediction
future
violence
apa
clinical
aspects
see
monahan
clinical
prediction
steadman
cocozza
supra
crim
criminology
lower
courts
sought
solace
statistical
correlation
without
acknowledging
obvious
irrelevance
facts
case
district
find
state
demonstrated
pattern
repetitive
assault
violent
conduct
barefoot
recognizing
importance
giving
credibility
experts
specious
prognostications
state
claims
reputation
testimony
adduced
sentencing
hearing
evince
repeated
widespread
acts
criminal
violence
brief
respondent
simply
absurd
testimony
worthy
credence
barefoot
committed
acts
violence
apart
crime
tried
testimony
bad
reputation
peaceable
conduct
light
fact
barefoot
prior
convictions
nonviolent
offense
testimony
obviously
based
antisocial
nonviolent
behavior
neither
psychiatrist
informed
jury
considered
reputation
testimony
show
history
repeated
acts
violence
moreover
psychiatrists
jury
rely
vague
hearsay
testimony
order
show
pattern
repetitive
assault
violent
conduct
barefoot
death
sentence
rest
information
might
bear
closer
relation
fact
average
rumor
item
gossip
gardner
florida
invalid
reason
alone
death
sentence
rest
highly
dubious
predictions
secretly
based
factual
foundation
hearsay
pure
conjecture
see
ibid
although
believe
misleading
nature
psychiatric
prediction
future
violence
violates
due
process
introduced
capital
sentencing
hearing
admitting
predictions
case
made
without
even
examining
defendant
particularly
indefensible
apa
words
prediction
following
even
examination
inherently
unreliable
reason
shun
practice
testifying
without
examined
defendant
needless
say
responding
hypotheticals
fraught
possibility
error
testifying
way
individual
one
personally
examined
although
courts
yet
rejected
practice
psychiatrists
draft
report
cf
stein
new
york
prior
application
fifth
amendment
reliance
coerced
confession
vitiate
state
conviction
confession
combines
persuasiveness
apparent
conclusiveness
judicial
experience
shows
illusory
deceptive
evidence
dispute
obvious
proposition
scientific
evidence
impresses
lay
jurors
tend
assume
accurate
objective
lay
testimony
juror
thinks
scientific
evidence
visualizes
instruments
capable
amazingly
precise
measurement
findings
arrived
dispassionate
scientific
tests
short
mind
typical
lay
juror
scientific
witness
special
aura
credibility
imwinkelried
evidence
law
tactics
proponents
scientific
evidence
scientific
expert
evidence
imwinkelried
ed
purportedly
scientific
proof
met
similar
fate
see
kilgus
expert
testimony
identifying
aircraft
forward
looking
infrared
system
inadmissible
unreliable
generally
accepted
scientific
field
belongs
brown
expert
identification
based
ion
microprobic
analysis
human
hair
admissible
insufficiently
reliable
accurate
accepted
field
addison
app
expert
identification
based
voice
spectrogram
inadmissible
shown
reliable
hearst
supp
nd
cal
identification
testimony
expert
psycholinguistics
inadmissible
demonstrably
reliable
aff
grounds
observes
rule
matter
evidence
law
constitutional
law
ante
principle
requiring
capital
sentencing
procedures
ensure
reliable
verdicts
see
supra
ignores
principle
due
process
violated
introduction
certain
types
seemingly
conclusive
actually
unreliable
evidence
see
supra
also
ignores
constitutional
doctrines
long
standing
teaching
evidence
doctrine
unreliable
scientific
testimony
creates
serious
unjustifiable
risk
erroneous
verdict
adversary
process
best
remove
risk
dismiss
lesson
merely
labeling
doctrine
nonconstitutional
relevance
constitutional
question
certain
one
study
example
factor
statistically
related
whether
psychiatrists
predicted
subject
violent
future
type
crime
subject
charged
yet
defendant
charge
mentioned
psychiatrists
justify
predictions
one
third
cases
criterion
frequently
cited
delusional
impaired
thinking
cocozza
steadman
supra
rutgers
one
thing
although
members
mental
health
professions
believe
predictions
made
defense
lawyers
may
experience
significant
difficulties
locating
effective
rebuttal
witnesses
davis
texas
capital
sentencing
procedures
role
jury
restraining
hand
expert
crim
criminology
presume
reasoning
suggests
defendant
show
unable
financial
reasons
obtain
adequate
rebuttal
expert
constitutional
violation
might
found
although
jurors
may
treat
mitigating
psychiatric
evidence
skepticism
may
credit
psychiatric
evidence
demonstrating
aggravation
especially
jurors
sensibilities
offended
crime
may
seize
upon
evidence
dangerousness
justify
enhanced
sentence
dix
supra
thus
danger
jury
deference
expert
opinions
particularly
acute
death
penalty
cases
expert
testimony
sort
may
permit
juries
avoid
difficult
emotionally
draining
personal
decisions
concerning
rational
punishment
doctor
grigson
noted
superfluousness
misleading
effect
testimony
think
away
psychiatrist
cases
take
man
street
show
guy
done
things
clearcut
say
things
think
jurors
feel
little
better
psychiatrist
says
somebody
supposed
know
know
bloom
killers
shrinks
texas
monthly
july
quoting
doctor
grigson
far
wide
mark
asserting
excluding
psychiatric
predictions
future
dangerousness
capital
sentencing
proceedings
immediately
call
question
contexts
predictions
future
behavior
constantly
made
ante
predictions
future
violence
purpose
emergency
commitment
treatment
considerably
accurate
predictions
see
apa
brief
monahan
prediction
research
emergency
commitment
dangerous
mentally
ill
persons
reconsideration
psychiatry
monahan
clinical
prediction
schwitzgebel
supra
contexts
psychiatric
predictions
future
dangerousness
made
moreover
subject
criminally
convicted
much
less
put
death
result
predictive
error
risk
error
therefore
may
shifted
defendant
extent
see
addington
texas
apa
discussing
civil
commitment
proceedings
based
determinations
dangerousness
light
unreliability
psychiatric
predictions
lose
monitoring
frequent
willingness
change
one
mind
treatment
recommendations
dispositions
violent
persons
whether
within
legal
system
without
acceptable
practice
psychiatrist
play
helpful
role
assessments
dangerousness
apa
clinical
aspects
emphasis
supplied
capital
case
chance
monitoring
subsequent
change
mind
brings
justice
delayed
despair
irreversible
error
see
bonnie
slobogin
role
mental
health
professionals
criminal
process
case
informed
speculation
rev
focus
death
penalty
cases
primarily
ensuring
fair
procedure
ensuring
death
penalty
meted
arbitrarily
capriciously
principal
concern
procedure
state
imposes
death
sentence
substantive
factors
state
lays
jury
basis
imposing
death
determined
defendant
falls
within
category
persons
eligible
death
penalty
california
ramos
post
emphasis
original