Defendant’s Ex Parte Motion for Appointment of Mental Retardation Expert for Mitigation Issues
Mark D. Griffith
CAUSE NO. _______________
THE STATE OF TEXAS	§	IN THE _______ JUDICIAL
V.	§	DISTRICT COURT
______________________	§	__________ COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT:
	NOW COMES, ___________________, the Defendant, by and through his attorney, Mark D. Griffith, and files this Motion and in support of such would show the Court the following:
I.
	Counsel for Defendant has obtained over 800 pages of records from Mexia State School regarding the Defendant. These records affirmatively find that the Defendant is a mentally retarded person. The records contain voluminous notes and intelligent quotient findings performed on the Defendant over a protracted period of time.
	Counsel for Defendant needs the assistance of a person with expertise in mental retardation to assist in understanding the records that have been obtained in that counsel for Defendant is not qualified to interpret the documents.
	In the event that defendant is found guilty of this offense his mental retardation is an issue that counsel must be able to effectively present to the jury deciding punishment. Without the assistance of the expert Defendant is requesting counsel will not be able to effectively present this evidence.
	Defendant is requesting the assistance of ________________, Mental Retardation Forensic Specialist. The employment rate for this assistance is $175.00 an hour and would, as best estimate at this time, 15 hours for reviewing the documents and consulting with counsel for Defendant. That is exclusive of any testimony that might be necessary at the same rate of $175.00 an hour.
	WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court grant this Motion and appoint ____________________ to assist the Defendant to effectively present mitigation evidence should Defendant be found guilty. Without said appointment counsel for Defendant will be rendered ineffective and the Defendant’s 6th Amendment rights under the Federal Constitution will be violated.

	RESPECTFULLY SUBMITTED,

	______________________________________
	Mark D. Griffith
	Attorney for Defendant
	108 West Main Street
	Waxahachie, Texas 75165
	State Bar # 00785928
	(972) 938-8343
	(972) 938-8333 (fax)

CAUSE NO. _______________
THE STATE OF TEXAS	§	IN THE _______ JUDICIAL
V.	§	DISTRICT COURT
______________________	§	__________ COUNTY, TEXAS

ORDER APPOINTING MENTAL RETARDATION EXPERT
	On this the ________ day of ____________________, 2005 came on to be considered DEFENDANT’S EX PARTE MOTION FOR APPOINTMENT OF MENTAL RETARDATION EXPERT FOR MITIGATION ISSUES and after consideration of the same it is the ORDER of this Court that ___________________ for purposes explained in Defendant’s Motion and funds for such expert shall be made available in the amount not to exceed 
	$________________________________
without further approval from this Court.

	Signed this the __________ day of ______________________, 20___.

	_________________________________
	JUDGE PRESIDING