context: . Other circuit courts have considered favorably the question of constitutional entitlement to non-psychiatric experts in capital cases.
citation_a.signal: cf.
citation_a.identifier: 671 F.2d 1208, 1212-13
citation_a.parenthetical: failure of counsel to obtain expert to contradict government witness may constitute "constitu tional flaw in the representation of a defendant----"
citation_a.sentence: Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a just judicial system.”); Mason v. Arizona, 504 F.2d 1345, 1351 (9th Cir.1974) (“[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.”), cert. denied, 420 U.S. 936, 95 S.Ct. 1145, 43 L.Ed.2d 412 (1975); cf. Westbrook v. Zant, 704 F.2d 1487, 1494-97 (11th Cir.1983) (state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances); Knott v. Mabry, 671 F.2d 1208, 1212-13 (8th Cir.1982) (failure of counsel to obtain expert to contradict government witness may constitute "constitu tional flaw in the representation of a defendant----"). The former Fifth Circuit considered this question in Hoback v. Alabama, 607 F.2d 680, 682 & n. 1 (5th Cir.1979), and said that, while there might be some situations where states could be required to furnish experts, that question need not be decided in that case.
citation_b.signal: no signal
citation_b.identifier: 618 F.2d 1021, 1025-26
citation_b.parenthetical: "There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a just judicial system."
citation_b.sentence: Williams v. Martin, 618 F.2d 1021, 1025-26 (4th Cir.1980) (“There can be no doubt that an effective defense sometimes requires the assistance of an expert witness____ Moreover, provision for experts reasonably necessary to assist indigents is now considered essential to the operation of a just judicial system.”); Mason v. Arizona, 504 F.2d 1345, 1351 (9th Cir.1974) (“[T]he effective assistance of counsel guarantee of the Due Process Clause requires, when necessary, the ... appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.”), cert. denied, 420 U.S. 936, 95 S.Ct. 1145, 43 L.Ed.2d 412 (1975); cf. Westbrook v. Zant, 704 F.2d 1487, 1494-97 (11th Cir.1983) (state must furnish psychiatric or psychological experts to indigent capital defendant if evidence not available from other sources is necessary to prove mitigating circumstances); Knott v. Mabry, 671 F.2d 1208, 1212-13 (8th Cir.1982) (failure of counsel to obtain expert to contradict government witness may constitute "constitu tional flaw in the representation of a defendant----"). The former Fifth Circuit considered this question in Hoback v. Alabama, 607 F.2d 680, 682 & n. 1 (5th Cir.1979), and said that, while there might be some situations where states could be required to furnish experts, that question need not be decided in that case.