Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback

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Miranda warnings required before court-ordered psychiatric examination

Doctrine › Miranda

Leading case

Estelle v. Smith, 451 U.S. 454 (1981)

How courts have described it

holding that a psychiatrist’s testimony about the defendant’s future dangerousness in a capital felony trial violated the defendant’s Fifth and Sixth Amendment rights where the defendant was not given Miranda warnings before his psychiatric examination

Tracy Petrocelli v. Renee Baker, 869 F.3d 710 (9th Cir. 2017)

holding that defendant’s privilege against self-incrimination was violated when he was not advised of Miranda rights during court-ordered examination

United States v. Lujan, 530 F. Supp. 2d 1224 (D.N.M. 2008)

holding that a defendant’s jailhouse statements to a court-appointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant Miranda warnings

State v. Sharp, 973 P.2d 1171 (Ariz. 1999)

testimony concerning court-ordered psychiatric examination given without Miranda warnings was inadmissible in penalty proceeding of capital murder ease

State v. Deases, 518 N.W.2d 784 (Iowa 1994)

defendant entitled to Miranda warnings before interview with court-op-pointed psychiatrist who later testified at sentencing hearing

Commonwealth v. a Juvenile, 521 N.E.2d 1368 (Mass. 1988)

holding that Miranda applies to psychiatrist during court-ordered psychiatric inquiry

People v. Elliott, 815 N.W.2d 575 (Mich. Ct. App. 2012)

to be admissible against defendant at the penalty phase of capital murder trial, defendant's statements to court-appointed psychiatrist must have been preceded by Miranda warnings

JD v. Com., 591 S.E.2d 721 (Va. Ct. App. 2004)

About this page

The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.