Phillips v. Araneta

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 The State has charged Kenneth Phillips with first-degree murder and sexual assault and is seeking the death penalty. This ease has not yet proceeded to trial. We granted review to consider whether the trial court judge abused his discretion (1) by requiring the defendant to submit to a mental health examination by the State mental health expert after the defendant notified the State that he will call mental health experts to testify at the penalty phase of his trial if the jury returns a guilty verdict or (2) by ordering that, if the defendant does not…