We've had a question from the capital litigation division of the AG's office, in preparing for a 5th Circuit argument, postconviction death-sentenced inmates seeking expert funds from trial courts for the purposes of ascertaining mental retardation.

The defendant in the 5th Circuit case is claiming that he is entitled to expert funds in federal court to determine mental retardation because state law precludes him from seeking the same in state court. The AG's office's position is that while there is no state statute that expressly entitles a petitioner to such funds, there is also no state staute that prohibits a trial court from granting such requests and that it's basically discretionary.

If any of you have had death-sentenced defendants who are asking the state to pay for the costs of an expert to determine mental retardation, can you please post a reply or send me an e-mail at: beckham@tdcaa.com? (And please let me know regardless of the outcome -- whether the judge approved or denied the fees.)

Thanks!