In Re Ketchel

After defendant's conviction of murder in the first degree and sentence to death, this court appointed counsel on the automatic appeal (Pen. Code, 1239, subd. (b)). [1a] We now face a narrow issue: whether we should affirm the trial court's order to the warden of the penitentiary to permit the examination of defendant by a psychiatrist selected by that counsel. Since we hold that counsel is entitled to full communication with his client by direct interview or by interviews through experts who may aid counsel, and since we cannot see how the interview would interfere with the safe maintenance of the penitentiary, we affirm the order.

As we shall explain, the courts clearly hold that the right to counsel at trial includes the right to the assistance of experts, such as psychiatrists or psychologists. [fn. 1] Although the Attorney General correctly argues that normally such assistance differs at the appellate from the trial stage because the completed record precludes the introduction of further testimony, that factor alone should not negate defendant's right of unfettered communication with his counsel and those who aid counsel. As we shall show, the Attorney General…

I concur with the majority’s conclusion that the superior court had jurisdiction to entertain Ketchel's petition. However, in my opinion the showing made by Ketchel in the superior court did not warrant the issuance of the order directing in part that the warden allow a psychiatric examination of Ketchel and the superior court therefore abused its discretion in issuing that order.

I cannot agree with the majority that defendant’s right to effective representation on appeal includes counsel’s right to employ a psychiatrist for the purpose of examining defendant. This holding fails to give adequate consideration to the proper scope of appellate review and creates serious problems regarding the necessity of furnishing to indigent appellants at public expense services by psychiatrists and experts in numerous other fields without any substantial showing of need for those services. 1 If the showing made by Ketchel entitled him to be examined by a psychiatrist employed by counsel as part of Ketchel’s effective representation on appeal, the equal protection clause of the Fourteenth Amendment of the United States Constitution might entitle indigent appellants to such examinations at…

After defendant’s conviction of murder in the first degree and sentence to death, this court appointed counsel on the automatic appeal (Pen. Code, § 1239, subd. (b)). We now face a narrow issue: whether we should affirm the trial court’s order to the warden of the penitentiary to permit the examination of defendant by a psychiatrist selected by that counsel. Since we hold that counsel is entitled to full communication with his client by direct interview or by interviews through experts who may aid counsel, and since we cannot see how the interview would interfere with the safe maintenance of the penitentiary, we affirm the order.

As we shall explain, the courts clearly hold that the right to counsel at trial includes the right to the assistance of experts, such as psychiatrists or psychologists. 1 Although the Attorney General correctly argues that normally such assistance differs at the appellate from the trial stage because the completed record precludes the introduction of further testimony, that factor alone should not negate defendant’s right of unfettered communication with his counsel and those who aid counsel. As we shall show, the Attorney General offers no reason…