Components of the Right To Counsel

• Jurisdiction: Maryland

IV. Components of the right to counsel

A. Experts

The right to counsel for an indigent defendant includes the cost of necessary services, e.g., expert witness on competency to stand trial. In Ake v. Oklahoma, 470 U.S. 68, 77 (1985), the Supreme Court held that, whether the Sixth Amendment right to counsel entitles an indigent defendant to an expert, at government expense, is determined under a three-factor analysis, as follows: (1) the private interest affected by the State action; (2) the State's interest that will be affected if the safeguard is provided; and (3) the probable value of additional or substitute safeguards that are sought and the risk of erroneous deprivation of those rights if safeguards are not provided.

In Ake, 470 U.S. at 79-80, the Court held that the mental state of the defendant at the time of the offense was a significant factor in determining whether the defendant was entitled to assistance of a court-appointed...