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Chao v. State

Denial of indigent defendant's request for public funding to hire private expert affirmed; absence of expert testimony did not significantly prejudice defense or increase risk that jury would convict defendant erroneously; Thompson guidelines, requiring that a defendant represented by pro bono private counsel accept services of Public Defender before public funding is disbursed, do not violate Sixth or Fourteenth Amendments.

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Submitted: June 19, 2001

Upon appeal from the Superior Court. AFFIRMED.

In this appeal, we address whether an indigent defendant in a criminal case who is represented by private counsel was constitutionally entitled to public funds to retain a medical expert who could testify in support of the defendant’s version of events. We conclude that the State was not constitutionally required to pay for the expert services sought by the defense because, in the circumstances of this case, the services were not among the “basic tools of an adequate defense.” Accordingly, we affirm the judgment of the Superior Court.

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