Opinion

Bennett v. State

  • 766 S.W.2d 227
  • 1989 Tex. Crim. App. LEXIS 19
  • 1989 WL 11458
Court
Court of Criminal Appeals of Texas
Filed
Feb 15, 1989
Status
Published
Author
Duncan
On the bench
Davis, Duncan, Teague, White, Clinton
Cited by
26 cases

concluding defendants “do not possess the right to have counsel present during a psychiatric examination” because it could “limit the efficacy of the examination.”

How later courts described this case

  • concluding defendants “do not possess the right to have counsel present during a psychiatric examination” because it could “limit the efficacy of the examination.”
  • Rule 81(b)(2) is codified progeny of Chapman v. California harmless error analysis

Written by the judges who cited it.

The opinion

DUNCAN, Judge,

concurring and dissenting.

I agree with the majority’s disposition of this case upon remand; however, I still maintain that Dr. Grigson’s testimony, which was obtained in violation of State statutes, was not harmless beyond a reasonable doubt.

CLINTON, J., joins.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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