Preview of Member Only Content
For full access: 
or Become a Member 
Requesting and Using Investigative Assistance
By Thomas J. Farrell
The U.S. Supreme Court recognized a due process right to expert assistance at court cost in Ake v. Oklahoma.1
Courts have construed Ake to require the state to provide an indigent
defendant with any expert services necessary to present an adequate
defense.2 In an Alabama case, Dubose v. State, the court held
that the principles enunciated in Ake apply in a case involving
nonpsychiatric expert assistance.3 Most courts include investigators within the meaning of nonpsychiatric experts.4
Preparing the Motion To Show Need
Many jurisdictions have statutes providing for the appointment of an
expert or investigator for an indigent defendant under certain
conditions. These conditions often require the defendant to provide a
statement of the circumstances requiring an investigator, a proffer of
the evidence you expect to obtain through the investigator’s services,
and an estimate of the cost.5 An attorney can undertake the investigation before obtaining court approval and h
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.