United States Ninth Circuit

A capital appeal is remanded for an evidentiary hearing as to whether a confession obtained by a jail psychiatrist was voluntary under the Fifth Amendment, based on petitioner's claimed reasonable belief that statements were protected by the state's confidentiality agreement.

Appellate Information

• Argued 12/06/2001
• Decided 08/27/2002
• Published 08/27/2002

Judges

• Before O'SCANNLAIN, GRABER, McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John E. Charland, Phoenix, AZ, argued the cause for the petitioner-appellant.  Jess A. Lorona, Horne Ducar Lorona & Slaton, LLP, was on the briefs.


• For Appellees:
  
• Kent E. Cattani, Chief Counsel, Criminal Appeals Section, Phoenix, AZ, argued the cause for the respondent-appellee.  Janet Napolitano, Attorney General, Jack Roberts, Assistant Attorney General, and Paul J. McMurdie, Criminal Appeals Section, were on the briefs.