Johnny Lee Rey, Appellant v. the State of Texas, Appellee

Summary

The Court held that the trial court's adverse ruling on the appellant's motion for an independent forensic pathologist was preserved, that the appellant satisfied the Ake threshold showing, and that the denial of the pathologist constituted a structural error not subject to harmless error analysis, thereby reversing the conviction and remanding for a new trial. The majority emphasized due process under the Fourteenth Amendment and applied the three‑factor Ake test. Justice Mansfield, in a concurring opinion, agreed with the result but criticized the majority for insufficient guidance on the Ake balancing factors and on the application of the federal harmless‑error rule.