Funding of Experts
Unless otherwise indicated, all indented material is copied directly from the court’s opinion.
Decisions of the Tennessee Supreme Court
Decisions of the Tennessee Court of Criminal Appeals
State v. James, No. W2022-00023-CCA-R3-CD, p. 8 (Tenn. Ct. Crim. App. June 1, 2023).
A trial court’s denial of expert services will not be reversed on appeal absent a showing that the trial court abused its discretion. State v. Scott, 33 S.W.3d 746, 752 (Tenn. 2000); State v. Barnett, 909 S.W.2d at 431. The trial court abuses its discretion by applying an incorrect legal standard or reaching a decision which is against logic or reasoning, and which causes an injustice to the complaining party. Id. When the trial court commits an abuse of discretion in denying expert assistance and this denial amounts to a violation of due process, the error is analyzed under the constitutional harmless error standard to determine whether the error complained of was harmless beyond a reasonable doubt. Id. at 755.
State v. Barnett, No. W2021-00951-CCA-R3-CD, p. 20 (Tenn. Ct. Crim. App. Dec. 20, 2022).
A trial court’s denial of a request for expert funding is reviewed for an abuse of discretion. State v. Scott, 33 S.W.3d 746, 752 (Tenn. 2000).
