context: In view of the scope of the defense efforts to establish some support for a mental status defense and to provide mitigating evidence at the penalty phase, it was not unreasonable or unfair for the prosecution to rebut those efforts with the questions to both Dr. Campbell and Dr. Brown about the prognosis for possible improvement in the antisocial personality disorder. The use of Dr. Brown's opinion was within the scope of the examination and its uses that defense counsel could reasonably have anticipated.
citation_a.signal: see
citation_a.identifier: 82 F.3d 593, 604-05
citation_a.parenthetical: Sixth Amendment did not require specific warning that results of psychiatric evaluation requested by defense could be used to show future dangerousness
citation_a.sentence: See Savino v. Murray, 82 F.3d 593, 604-05 (4th Cir.1996) (Sixth Amendment did not require specific warning that results of psychiatric evaluation requested by defense could be used to show future dangerousness); Woomer v. Aiken, 856 F.2d 677, 682 (4th Cir.1988) (Sixth Amendment did not require specific warning that results of sanity examination could be used to comment on potential future dangerousness; “When defense counsel consented to the sanity evaluation, he obviously anticipated that the evaluation and resulting psychiatric opinions might be beneficial to his client’s case, but he also must have been fully aware that if they were unfavorable they might be used for an adverse objective.”); Schneider v. Lynaugh, 835 F.2d 570, 577-78 (5th Cir.1988) (after defendant offered evidence from counselors of his potential for rehabilitation, prosecution’s rebuttal use of opinion of psychiatrist who examined defendant for competency did not violate Sixth Amendment); Re v. State, 540 A.2d 423, 430 (Del.1988) (after defendant asserted mental status defense, prosecution’s rebuttal use of opinion of psychiatrist who examined defendant for competency did not violate Sixth Amendment); cf. Delguidice v. Singletary, 84 F.3d 1359, 1362-63 (11th Cir.1996) (under Sixth Amendment, notice to counsel that defendant would be examined to determine competency was not sufficient notice to permit State to use examination to address sanity at time of crime).
citation_b.signal: cf.
citation_b.identifier: 84 F.3d 1359, 1362-63
citation_b.parenthetical: under Sixth Amendment, notice to counsel that defendant would be examined to determine competency was not sufficient notice to permit State to use examination to address sanity at time of crime
citation_b.sentence: See Savino v. Murray, 82 F.3d 593, 604-05 (4th Cir.1996) (Sixth Amendment did not require specific warning that results of psychiatric evaluation requested by defense could be used to show future dangerousness); Woomer v. Aiken, 856 F.2d 677, 682 (4th Cir.1988) (Sixth Amendment did not require specific warning that results of sanity examination could be used to comment on potential future dangerousness; “When defense counsel consented to the sanity evaluation, he obviously anticipated that the evaluation and resulting psychiatric opinions might be beneficial to his client’s case, but he also must have been fully aware that if they were unfavorable they might be used for an adverse objective.”); Schneider v. Lynaugh, 835 F.2d 570, 577-78 (5th Cir.1988) (after defendant offered evidence from counselors of his potential for rehabilitation, prosecution’s rebuttal use of opinion of psychiatrist who examined defendant for competency did not violate Sixth Amendment); Re v. State, 540 A.2d 423, 430 (Del.1988) (after defendant asserted mental status defense, prosecution’s rebuttal use of opinion of psychiatrist who examined defendant for competency did not violate Sixth Amendment); cf. Delguidice v. Singletary, 84 F.3d 1359, 1362-63 (11th Cir.1996) (under Sixth Amendment, notice to counsel that defendant would be examined to determine competency was not sufficient notice to permit State to use examination to address sanity at time of crime).