Petrocelli v. Baker

Petitioner, convicted of robbery and murder and sentenced to death, appealed the district court's denial of habeas relief. The Ninth Circuit affirmed the district court's denial of relief with respect to petitioner's conviction, but reversed with respect to the death sentence. The panel held that, even if the State had not waived its defense, admission of psychiatric testimony during the penalty phase violated petitioner's Fifth and Sixth Amendment rights under Estelle v. Smith, 451 U.S. 454 (1981), and that the violation had a substantial and injurious effect on the jury's decision to impose the death sentence. In this case, the psychiatrist failed to seek or obtain permission from defense counsel to visit or evaluate the client. The court rejected petitioner's remaining claims. View "Petrocelli v. Baker" on Justia Law