Can an expert appointed under an Ake type ex parte hearing be considered part of the defense team and protected by attorney client privilege. This is somewhat related to previous post about ex parte Ake hearing.

Facts are that the defense has requested a specific doctor to be part of defense team so that State may not question him or discover anything through 39.14, 705 etc disclosure. What the defense wants is a Doctor to be protected by attorney-client privilege and rather than have him testify, he wants to use him for advice during trial. Preventing the State from any disclosure.

Further, does defense attorney waive confidentiality once he files a motion asking for an an exparte hearing, but files this motion as part court clerk's record, then seals the rest of the motion that actually requests the appointment of the expert (which we know that is usually confidential, but questioning whether he can waive confidentiality.

He has not waived confidentiality by making a motion, it is ExParte. Consulting experts, part of the defense team, are undiscoverable under 39.14 because you cannot question part of the defense team, it's work product.