[Download] "Brown v. Butler" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Butler
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 28, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
THORNBERRY, Circuit Judge Appellant Quenton Brown petitioned the district court for habeas corpus relief in connection with his 1974 Louisiana conviction for armed robbery. Brown argued that rebuttal testimony elicited by the state from a psychiatrist who had earlier examined Brown violated his Fifth Amendment guarantee against self-incrimination. After an independent review, the district court adopted a court-appointed magistrate's recommendation that the state's use of psychiatric testimony did not violate the Fifth Amendment. We hold that the rebuttal testimony constituted a constitutional infraction but that the error was harmless under the circumstances. We therefore affirm the denial of Brown's requested relief. I. Background On June 7, 1973, Quenton Brown, armed with a .38 caliber pistol, stole $117.04 and a 15 cent pie from a bread store in Morgan City, Louisiana. Brown fled on foot and hid underneath a nearby house. Two employees of the store pursued Brown while a third, the cashier, summoned the police. Brown remained underneath the house until the police arrived. He subsequently came out from under the house and was arrested while walking across an adjacent parking lot. Brown was carrying a .38 caliber weapon and a brown bag containing $117.04.