GRANVIEL v. TEXAS
| Court | United States Supreme Court |
| Writing for the Court | Justia & Oyez |
| Citation | 495 U.S. 963 |
| Decision Date | 01 January 1990 |
495 U.S. 963
Kenneth GRANVIEL, petitioner,
v.
TEXAS.
No. 89-6484
Supreme Court of the United States
May 29, 1990
The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
Denied.
Justice MARSHALL, with whom Justice BRENNAN joins, dissenting.
This case raises the question whether an indigent criminal defendant's constitutional right to psychiatric assistance in preparing an insanity defense is satisfied by court appointment of a psychiatrist whose examination report is available to both the defense and prosecution. The Fifth Circuit, on habeas review, held that such an appointment is sufficient. Granviel v. Lynaugh, 881 F.2d 185 (1989). This ruling is squarely inconsistent with our decision in Ake v. Oklahoma, 470 U.S. 68 (1985), that a State must provide an indigent defendant a psychiatrist to assist in preparing and presenting his defense. Ake mandates the provision of a psychiatrist who will be part of the defense team and serve the defendant's interests in the context of our adversarial system. To allow the prosecution to enlist the psychiatrist's efforts to help secure the defendant's conviction would deprive an indigent defendant of the protections that our adversarial process affords all other defendants.
Kenneth Granviel was tried for capital murder in 1983. Prior to trial, Granviel requested that the court appoint a mental health expert to help him prepare an insanity defense. He specifically asked that the expert's report not be made available to the prosecution. The trial court denied petitioner's request for confidential expert assistance; it did, however, appoint a disinterested ex-
pert whose report would go to both the defense and prosecution, as authorized by Tex.Code Crim.Proc., Art. 46.03, 3 (Vernon 1979 and Supp. 1990). That statute provides:
"(a) If notice of intention to raise the insanity defense is filed . . ., the court may, on its own motion or motion by the defendant, his counsel, or the prosecuting attorney, appoint disinterested experts experienced and qualified in mental health and mental retardation to examine the defendant with regard to the insanity defense and to testify thereto at any trial or hearing on this issue.
"(b) The court may order any defendant to submit to examination for the purposes described in this article. . . .
"(c) The court shall advise any expert appointed pursuant to this section...
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Cordova v. Johnson, CIV. SA-95-CA-1014-EP.
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Williams v. Vasquez, CV-F-89-160-REC-P.
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Van White v. State, F-89-566.
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