United States Ninth Circuit

In a capital habeas appeal previously remanded for an evidentiary hearing on whether petitioner's inculpatory statements to a prison psychologist were voluntary within the meaning of the Fifth Amendment, denial of habeas relief is affirmed as, despite a contract protecting the confidentiality of communications, petitioner's inculpatory statements were voluntary and were properly admitted at trial.

Appellate Information

• Argued 05/14/2007
• Decided 11/28/2007
• Published 11/28/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John E. Charland, Phoenix, AZ, argued the cause and filed briefs on behalf of the petitioner-appellant.  Jon M. Sands, Federal Public Defender, Phoenix, AZ, and Dale A. Baich, Assistant Federal Public Defender, Phoenix, AZ, were also on the briefs., John Pressley Todd, Assistant Attorney General of Arizona, Capital Litigation Section, Phoenix, AZ, argued the cause and filed a brief on behalf of the State of Arizona.  Terry Goddard, Attorney General of Arizona, Phoenix, AZ, and Kent Cattani, Chief Counsel, Capital Litigation Section, Phoenix, AZ, were also on the brief.