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Simon v. Levario

Lagrone v. State is not limited in principle to the type of psychiatric evidence presented at the punishment phase of a death-penalty case. Therefore, it may not be limited in principle to the punishment phase of a capital murder death-penalty trial, or even to death-penalty cases at all. Accordingly, appellant has not established a clear right to be insulated from examination by a State's psychiatric expert. Court of Criminal Appeals, No. AP-76,183, 11-18-2009

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Price, J., delivered the opinion of the Court in which Meyers, Womack, Johnson, Keasler, Hervey, Holcomb and Cochran, JJ., joined. Keller, P.J., concurred in the result.

OPINION

The relator was indicted in Dallas County for the offense of capital murder. The State elected not to seek the death penalty. During pretrial proceedings, the relator “indicated that [he] seeks to present the testimony of a mental health expert in regards to [his] mental state and the voluntariness of his confession.”*fn1 In response, the State filed a motion seeking to have the relator evaluated by its own psychiatric expert so that it could be prepared to rebut any expert testimony the relator might offer in a pretrial suppression hearing or at trial. The trial court granted the State’s motion, ordering the relator to submit to an examination by a State-designated expert. The State’s expert was specifically ordered not to interrogate the relator about the facts of the offense itself and not to reveal the results of his examination to the prosecutors unless and until the relator’s expert should testify.

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