Ballew v. State

APPELLANT’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

On original submission, a panel of this Court held that the trial court was not in error when it allowed the prosecutor to examine the notes of appellant’s expert psychiatric witness, Dr. David R. Baker.

Dr. Baker was hired by appellant to aid in the preparation of a sanity defense. He examined appellant several times over a two month period prior to trial. Baker made notes during such examination. At trial, Baker testified that in his opinion, appellant was insane at the time of the offense. On cross-examination, the prosecutor asked Dr.…