I recently received a motion in a capital murder case in which the defense wants to have the co-defendant examined by their psychiatrist.

I cited to all the cases prohibiting the defense from doing a psych or physical exam on a victim, but found none addressing a co-defendant.
Anybody ever dealt with this type motion?

Couldn't the co-defendant raise the 5th and refuse to cooperate?

Is the co-defendant a joint indictee or the subject of a separate criminal action? If he is not even a party to the case, then how can the court order a third person to submit to such an exam? Due process does not involve any general right of discovery and even if such an exam were required by due process, how could such an order be enforced? Even Tex.R.Civ.P. 204 and 205 do not permit mental examinations of non-parties in civil cases. Unless the co-defendant wants to voluntarily help out his partner-in-crime, the court should get a chuckle from this motion. Maybe there's no case on point because the proposition is so ridiculous on its face.

(a) "Examined" for what?

(b) Isn't the co-defendant's attorney raising a stink about this motion as well?

Examined for what? Been asking myself the same thing. Actually, the co-defendant may very well end up cooperating w/ us and testifying against his cohort, so I suspect the motion is an attempt to dig up some impeachment on him.

Yes, I do think the co-def. could take the 5th, but I'd rather just head it off at the pass.
Thanks for the input, it's always good to see that my assessment isn't off base.