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texas
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mark
white
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ted
hartley
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berger
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december
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texas
capital
sentencing
procedure
inquiry
necessary
jury
resolution
future
dangerousness
issue
sense
confined
province
psychiatric
experts
indeed
psychiatric
community
view
clinical
predictions
whether
person
commit
violent
acts
future
fundamentally
low
reliability
psychiatrists
possess
special
qualifications
making
forecasts
see
report
american
psychiatric
association
task
force
clinical
aspects
violent
individual
stone
mental
health
law
system
transition
brief
american
psychiatric
association
amicus
curiae
jurek
texas
held
texas
capital
sentencing
statute
unconstitutional
face
jury
question
future
dangerousness
joint
opinion
announcing
judgment
emphasized
defendant
free
present
whatever
mitigating
factors
may
able
show
range
severity
past
criminal
conduct
age
circumstances
surrounding
crime
sentenced
state
course
use
type
evidence
seeking
establish
defendant
propensity
commit
violent
acts
responding
argument
foretelling
future
behavior
impossible
joint
opinion
stated
rediction
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
footnotes
omitted
iii
respondent
fifth
sixth
amendment
rights
abridged
state
introduction
grigson
testimony
penalty
phase
appeals
concluded
death
sentence
must
vacated
respondent
underlying
conviction
challenged
remains
undisturbed
state
free
conduct
proceedings
inconsistent
opinion
accordingly
judgment
appeals
affirmed
footnotes
article
tex
code
crim
proc
ann
vernon
supp
provides
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
two
issues
whether
conduct
defendant
caused
death
deceased
committed
deliberately
reasonable
expectation
death
deceased
another
result
raised
evidence
whether
conduct
defendant
killing
deceased
unreasonable
response
provocation
deceased
tex
code
crim
proc
arts
vernon
supp
appears
record
smith
prior
criminal
conviction
possession
marihuana
see
app
defense
counsel
discovered
letter
time
jury
selection
began
case
march
trial
judge
later
explained
grigson
appointed
oral
communication
letter
appointment
prepared
records
reflect
entry
written
order
judge
also
stated
best
recall
informed
john
simmons
attorney
defendant
appointed
grigson
examine
defendant
written
report
mailed
ibid
however
defense
counsel
assert
discovery
grigson
letter
served
first
notice
examined
smith
march
day
trial
began
defense
counsel
requested
issuance
subpoena
dallas
county
sheriff
records
grigson
visitation
smith
texas
law
provide
statement
made
defendant
examination
hearing
competency
stand
trial
may
admitted
evidence
defendant
issue
guilt
criminal
proceeding
tex
code
crim
proc
art
vernon
emphasis
added
see
also
fed
rule
crim
proc
alvarez
note
requiring
criminal
defendant
submit
government
psychiatric
examination
invasion
privilege
harv
rev
cases
cited
nn
state
conceded
oral
argument
tr
oral
arg
although
appeals
doubted
applicability
fifth
amendment
grigson
diagnosis
founded
respondent
mannerisms
facial
expressions
attention
span
speech
patterns
record
case
sheds
light
whether
factors
alone
enable
psychiatrist
predict
future
dangerousness
american
psychiatric
association
suggests
however
absent
defendant
willingness
cooperate
verbal
content
communications
psychiatric
examination
circumstances
meaningless
brief
american
psychiatric
association
amicus
curiae
emphasis
original
grigson
acknowledged
findings
based
discussion
respondent
app
replied
question
hat
important
thing
caused
think
respondent
severe
sociopath
follows
told
man
named
moon
looked
though
going
reach
gun
pointed
gun
toward
mr
moon
head
pulled
trigger
clicked
misfired
time
hollered
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apparently
partner
gun
watch
howie
got
gun
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sort
point
told
know
shot
man
told
howie
shot
walked
around
man
shot
check
see
gun
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see
man
alive
dead
call
ambulance
simply
found
gun
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took
gun
money
sort
disregard
another
human
life
think
telling
story
saying
know
man
anything
man
back
alive
wish
stepped
body
know
wish
checked
see
right
indicate
concern
guilt
remorse
get
theory
appeals
carefully
left
open
possibility
defendant
wishes
use
psychiatric
evidence
behalf
issue
future
dangerousness
precluded
using
unless
also
willing
examined
psychiatrist
nominated
state
recognizing
attempts
coerce
defendant
submit
psychiatric
inquiry
future
dangerousness
might
include
penalty
prosecutorial
comment
refusal
examined
appeals
noted
making
remark
allowing
jury
draw
conclusions
might
clash
insistence
capital
sentencing
procedures
unusually
reliable
see
also
griffin
california
reasons
stated
appeals
reject
state
argument
respondent
waived
fifth
amendment
claim
failing
make
timely
specific
objection
grigson
testimony
trial
see
addition
note
state
present
waiver
argument
petition
certiorari
see
rule
course
hold
fifth
amendment
concerns
necessarily
presented
types
interviews
examinations
might
ordered
relied
upon
inform
sentencing
determination
psychiatric
examinations
type
issue
conducted
adversary
proceedings
instituted
concerned
case
limited
right
appointment
presence
counsel
recognized
fifth
amendment
safeguard
miranda
arizona
see
edwards
arizona
post
rather
issue
us
whether
defendant
sixth
amendment
right
assistance
counsel
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defendant
given
prior
opportunity
consult
counsel
participation
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examination
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infra
respondent
assert
appeals
find
constitutional
right
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appeals
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attorney
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interview
contribute
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cf
thornton
corcoran
app
opinion
concurring
part
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grigson
appointed
trial
judge
determine
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trial
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hold
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privilege
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upon
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facts
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case
edwards
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post
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johnson
zerbst
waiver
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disposition
respondent
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sixth
amendment
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need
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join
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position
death
penalty
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marshall
concurring
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view
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penalty
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eighth
fourteenth
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represent
examined
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examination
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previous
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cases
massiah
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analyzed
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innocence
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necessary
decide
case
extend
miranda
requirements
cover
psychiatric
examinations
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involved