Powell v. Graham

ROACH, Justice.

Appellant, Robert Powell, sought a writ of prohibition against the enforcement of a trial court order requiring him to submit to a separate mental health examination by the prosecutor’s expert witness. The Court of Appeals denied the writ, opining that the trial court’s order was appropriate because Appellant had placed his mental health in issue. While we hold that the trial court had the authority to compel Appellant to undergo the mental examination, because the trial court’s order failed to prospectively provide appropriate protections for Appellant’s Fifth Amendment…