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

Summary

The Court held that the trial court’s denial of an independent forensic pathologist violated the defendant’s due‑process rights under Ake, constituting a structural error that is not subject to harmless‑error analysis. The error was preserved for review, the defendant made a sufficient threshold showing, and the judgment was reversed and remanded for a new trial with a state‑funded pathologist appointed. A dissent and a concurrence also appear, the former arguing the judgment should stand and the latter agreeing with the result but urging clearer guidance on the Ake balancing test.