In an Aggravated Sexual Assault of a Child, the Defense made a motion and was granted a psychological expert to examine the Defendant. I got a psychiatrist to examine the defendant and a psychologist to examine my 13 year old vic. My experts did not write reports, so there is no discovery to hand over. The Defense is now making a motion to have their psychologist examine my victim. I can't find any cases on point. Do you know of any cases and/or how would you argue against it at pre-trial?

Bethany

I had the same crazy thing happen to me a few years ago...the judge ordered an evaluation on a child victim...I did a writ of mandamus and to my surprise it was granted...if you want and if I can find it, I will be glad to send it on to you. It was a one pager based on the same situation in Harris County...I just used their writ and it did the the trick.

I thought the trial court didn't have the authority to order that. In re State v. Robinson, 116 S.W.3d 115 (Tex. App.--Houston [14th Dist.] 2002, orig. proceeding); State ex rel Holmes v. Landford, 764 S.W.2d 593 (Tex. App.--Houston [14th Dist.] 1989, orig. proceeding); State ex rel Wade v. Stephens, 724 S.W.2d 141 (Tex. App.--Dallas 1987, orig. proceeding).