Defense has obtained funds for a Psychologist to interview Defendant in an upcoming murder prosecution. Purportedly this is for mitigation of punishment because Defendant has "memory issues." Essentially pretty quickly after he shot his girlfriend in the head, he started telling friends and family that he had no memory of the crime. If defense wants expert to testify based upon hearsay interview with Defendant, does that State have the right to it's own psychologist to examine Defendant? Intern and I have researched and have come up empty regarding answer with reference to regular murder. Any help would be greatly appreciated.

Consider hiring an expert of your own, not to examine the defendant, but to respond to the mitigation claims put forth by the defense expert. To me, questioning the opinions of the expert and debunking his theories is as or more important. File a motion to have your expert sit in the courtroom during the defense expert's testimony, so your expert can help you formulate topics and questions to cross the defense expert with.

Check out Lagrone and Soria. Defendant can't testify through an expert without your expert getting a chance. As it has been working, you may never get to hear what your expert has to say if the defense decides their expert isn't gonna testify.

The Lizard Man is innocent!

I agree with John. I have adapted a LaGrone motion for use in a non-death capital, as well as for non-capital cases. So long as you keep your request within the parameters set forth in LaGrone - it's just for rebuttal, you don't get to see the report unless and until the defense expert testifies, etc., I think you'll be fine.

1. It is no defense to the crime - whether the def claims he has "loss of memery" refutes absolutely nothing in regard to the mental state at the time of the offense.
2. The "DSM" does not allow the diagnosis of "temporary amnesia" (forget the new psycho-babble term) if there is a pending criminal case.
3. Think about it - which is scarier - a man who kills his girlfriend by putting a bullet through her head and comes up with some frivolous reason why, or a man who can do such a despicable act,forget it, and then whine about it. Which one do you want out on the street?

may have the effect of making the defense back off on having their expert do an examination, if the judge grants your motion, as the judge should. There is no reason to limit the application of the rulings to capital or even to murder.