Legal Opinion · Concurrence

Fields v. State

Court of Criminal Appeals of Texas

Decided February 3, 1982No. 64519Published

1ConcurrenceMeCORMICK, Judge

In Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), a Texas .capital murder defendant was examined by a psychiatrist who had been ordered by the trial court to evaluate the defendant’s competency to stand trial. At the time of the examination, the defendant had been indicted and an attorney had been appointed for him. Before the psychiatric examination, the defendant was not informed he had a right to remain silent nor that evidence obtained during the examination could be used against him in the punishment phase of his trial. His attorney apparently was not notified in…

2Cases cited34 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Jackson v. DennoSupreme Court of the United States · 1964
  5. Escobedo v. IllinoisSupreme Court of the United States · 1964

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