United States Fifth Circuit

Where defendant initiated the examination for competency, the government may call as a sentencing witness the doctor who performed the psychiatric evaluation, without violation of the Sixth Amendment even though the defendant did not have counsel present at the psychiatric examination.

Appellate Information

• Decided 04/11/2001
• Published 04/11/2001

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Otto Switzer (argued), Debra L. Parker, San Antonio, TX, for Petitioner-Appellant.


• For Appellees:
  
• Erik E. Cary (argued), Minter, Joseph & Thornhill, Austin, TX, for Respondent-Appellee.