United States v. Mills

Finally, Wilson makes the following two requests in his objections: (i) permit defense counsel to be present in the room during the Government's expert's interviewing and/or testing of Wilson, and (ii) authorize the video recording of any testing performed. The Court will address and deny each request in turn.

1. Right to Counsel During the Government's Neuropsychological Testing

Regarding his first request, Wilson acknowledges that his Atkins claim has resulted *572in a limited waiver of his Fifth Amendment rights, but only with respect to matters relevant to his supposed intellectual disability.…