Court of Criminal Appeals of Texas

Harold Lindsay De Freece, Appellant v. the State of Texas, Appellee

February 24, 19931993 Tex. Crim. App. LEXIS 45

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and remanded for a new trial, holding that the trial court erred in denying the appointment of a psychiatric expert to assist the defense under Ake v. Oklahoma when insanity was a significant factor. The court explained that the statutory scheme of disinterested experts is insufficient and that due process requires a defense‑side psychiatrist to aid in evaluation, preparation, and presentation of the insanity defense.