United States Fifth Circuit

Miranda warnings, even combined with the warning that petitioner's statements during the psychiatric examination could be used against him at some later date in the courtroom, are insufficient for informed waiver of 5th Amendment rights relating to the sentencing phase.

Appellate Information

• Decided 05/01/2001
• Published 05/01/2001

Judges

• WIENER, Circuit Judge:, Before JOLLY, WIENER, and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Charles Owen (argued), Schonemann, Rountree & Owen, Maurie Amanda Levine, Austin, TX, for Petitioner-Appellant.


• For Appellees:
  
• Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.