Pearce v. Ollie

PART I. BACKGROUND

When oral argument was heard on Monday, January 7, 1991, we clearly understood that the determinative issue presented was the validity, or the impropriety, as the case might be, of defense counsel’s non-consensual contact with and interview of Dr. Cindrich and Dr. Wilson, and of retaining those treating physicians as expert witnesses to testify on behalf of the defense at trial. There is no disputing that they were so retained, although the details of the agreement are not readily found in the record.1 Of course, payment is a matter of agreement between defense counsel and…