State v. Ballard

WHICHARD, Justice.

Defendant was tried in a noncapital trial for murder in the first degree of Marlon Branch. The trial court denied defendant’s motion that he be allowed to give evidence supporting his request for appointment of a psychiatric expert in camera and ex parte. We hold that an indigent defendant who requests that evidence supporting his motion for expert psychiatric assistance be presented in an ex parte hearing is constitutionally entitled to have such a hearing, and that the trial court erred in denying defendant’s request to be heard on this matter ex parte.

On 11 October 1990…