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Abstract: 

In Petrocelli v. Baker, 869 F.3d, the 9th Circuit ruled that an expert witness retained by the Washoe County prosecutor was permitted to interview a criminal defendant after misrepresenting his function as determining defendant’s competency to stand trial ; at trial, the psychiatrist gave testimony on the defendant’s dangerousness and likelihood to re-offender. While the court upheld the conviction, it threw out the death penalty verdict. We examine the behavior of the psychiatrist and prosecutor and explain why the court ruled that their actions constituted misconduct.

Keywords: Use of Expert Testimony; Estelle v. Smith; Petrocelli v. Baker

Affiliations:  1: Editor.