building of an effective defense (Texas) · Go Syfert
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building of an effective defense in Texas

38 Texas opinions name it 2 courts 1993–2025 5 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Ake v. Oklahomagreen
scotus · 1985 · cited in 31 Texas opinions naming this issue, 1993–2025
2 sentences

2025See Ake v. Oklahoma, 470 U.S. 68, 74 , 76–77, 105 S. Ct. 1087 , 1091–93 (1985) (holding due process requires an indigent criminal defendant be given “access to the raw materials integral to the building of an effective defense” including the appointment of forensic experts); Rey v. State, 897 S.W.2d 333 , 345 n.13 (Tex. Crim.

2025See Ake v. Oklahoma, 470 U.S. 68, 74 , 76–77, 105 S. Ct. 1087 , 1091–93 (1985) (holding due process requires an indigent criminal defendant be given “access to the raw materials integral to the building of an effective defense” including the appointment of forensic experts); Rey v. State, 897 S.W.2d 333 , 345 n.13 (Tex. Crim.

1131
Rey v. Stategreen
texcrimapp · 1995 · cited in 6 Texas opinions naming this issue, 2012–2025
2 sentences

2025See Ake v. Oklahoma, 470 U.S. 68, 74 , 76–77, 105 S. Ct. 1087 , 1091–93 (1985) (holding due process requires an indigent criminal defendant be given “access to the raw materials integral to the building of an effective defense” including the appointment of forensic experts); Rey v. State, 897 S.W.2d 333 , 345 n.13 (Tex. Crim.

2025Ake v. Oklahoma Finally, under the rule established by Ake v. Oklahoma, an indigent criminal defendant has a constitutional due-process right to “access to the raw materials integral to the building of an effective defense” including the appointment of a forensic expert to assist defense counsel in formulating and presenting evidence in support of such defense. 470 U.S. at 74 , 76–77, 105 S. Ct. at 1091–93; Rey v. State, 897 S.W.2d 333 , 337– 39 (Tex. Crim.

56
Jimenez, Ex Parte Rosa Estela Olveragreen
texcrimapp · 2012 · cited in 2 Texas opinions naming this issue, 2022–2024
2 sentences

2024“While the appointment of an expert may be required in some circumstances, the state does not need to ‘purchase for the indigent defendant all the assistance that his wealthier counterpart might buy.’” Id. (quoting Ake, 470 U.S. at 77 ); see Jimenez, 364 S.W.3d at 876-77 .

2022An indigent defendant must have “access to the raw materials integral to the building of an effective defense.” Ake v. Oklahoma, 470 U.S. 68, 77 (1985). 22 However, the State need not “purchase for the indigent defendant all the assistance that his wealthier counterpart might buy.” Id.; see Ex parte Jimenez, 364 S.W.3d 866, 877 (Tex. Crim.

22
Busby v. Stategreen
texcrimapp · 1999 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Ex parte White, 160 S.W.3d 46, 53 (Tex.Crim.App.2004) (defense counsel is not ineffective for failing to object to admissible evidence); Muniz v. State, 851 S.W.2d 238, 258 (Tex.Crim.App.1993) (the failure to object to admissible evidence is not ineffective assistance of counsel); Weinn v. State, 281 S.W.3d 633, 641 (Tex.App.-Amarillo 2009) (“The failure of appellant's counsel to request a mistrial could only be termed an act of ineffective assistance of counsel if a mistrial should have been granted.”), aff'd on other grounds 326 S.W.3d 189 (Tex.Crim.App.2010). 72 .Ake, 470 U.S. at

2012Ake , 470 U.S. at 77 (State must ensure that an indigent defendant "has access to the raw materials integral to the building of an effective defense," but "the State need not " purchase for an indigent defendant all the assistance that his wealthier counterparts might buy,"); Busby v. State , 990 S.W.2d 263, 271 (Tex. Crim.

22
Griffith v. Stategreen
texcrimapp · 1998 · cited in 5 Texas opinions naming this issue, 2011–2012
2 sentences

2012Griffith v. State, 983 S.W.2d 282, 286 (Tex. Crim.

2012Griffith v. State, 983 S.W.2d 282 , 286–87 (Tex. Crim.

15
De Freece v. Stategreen
texcrimapp · 1993 · cited in 3 Texas opinions naming this issue, 2013–2015
2 sentences

2015Due process for a defense of insanity requires that a defendant be given access to the “raw materials integral to the building of an effective defense” so that he may be “at least minimally equipped to participate meaningfully in [the] adversarial process.” De Freece v. State, 848 S.W.2d 150, 155-158 (Tex. Crim.

2013App. 1995); DeFreece v. State, 848 S.W.2d 150 (Tex. Crim.

13
McBride v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2015–2025
2 sentences

2025App. 1995) (“We have recognized the relationship between the fundamental right to effective assistance of counsel and the indigent’s right to the appointment of an expert.” (citing McBride v. State, 838 S.W.2d 248 , 251–52 (Tex. Crim.

2015McBride, 838 S.W.2d at 252 (“[W]hen the case is reasonably certain to proceed to trial, the trial *615 judge should, upon request, permit inspection of the substance alleged in the indictment.”). 15 Under Ake , for meaningful access to justice, a defendant must have “access to the raw materials integral to the building of an effective defense.” 470 U.S. at 77 , 105 S.Ct. 1087 .

12
Ross v. Moffittgreen
scotus · 1974 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025“The consistent theme” is “[m]eaningful access to justice,” and “fundamental fairness entitles . . . defendants to ‘an adequate opportunity to present their claims fairly within the adversary system.’” Id. at 77 (quoting Ross v. Moffitt, 417 U.S. 600, 612 (1974)).

11
Weinn v. Stategreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Ex parte White, 160 S.W.3d 46, 53 (Tex.Crim.App.2004) (defense counsel is not ineffective for failing to object to admissible evidence); Muniz v. State, 851 S.W.2d 238, 258 (Tex.Crim.App.1993) (the failure to object to admissible evidence is not ineffective assistance of counsel); Weinn v. State, 281 S.W.3d 633, 641 (Tex.App.-Amarillo 2009) (“The failure of appellant's counsel to request a mistrial could only be termed an act of ineffective assistance of counsel if a mistrial should have been granted.”), aff'd on other grounds 326 S.W.3d 189 (Tex.Crim.App.2010). 72 .Ake, 470 U.S. at

11
Ex Parte Whitegreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Ex parte White, 160 S.W.3d 46, 53 (Tex.Crim.App.2004) (defense counsel is not ineffective for failing to object to admissible evidence); Muniz v. State, 851 S.W.2d 238, 258 (Tex.Crim.App.1993) (the failure to object to admissible evidence is not ineffective assistance of counsel); Weinn v. State, 281 S.W.3d 633, 641 (Tex.App.-Amarillo 2009) (“The failure of appellant's counsel to request a mistrial could only be termed an act of ineffective assistance of counsel if a mistrial should have been granted.”), aff'd on other grounds 326 S.W.3d 189 (Tex.Crim.App.2010). 72 .Ake, 470 U.S. at

11
Muniz v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Ex parte White, 160 S.W.3d 46, 53 (Tex.Crim.App.2004) (defense counsel is not ineffective for failing to object to admissible evidence); Muniz v. State, 851 S.W.2d 238, 258 (Tex.Crim.App.1993) (the failure to object to admissible evidence is not ineffective assistance of counsel); Weinn v. State, 281 S.W.3d 633, 641 (Tex.App.-Amarillo 2009) (“The failure of appellant's counsel to request a mistrial could only be termed an act of ineffective assistance of counsel if a mistrial should have been granted.”), aff'd on other grounds 326 S.W.3d 189 (Tex.Crim.App.2010). 72 .Ake, 470 U.S. at

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ehrke, Robert Bradley green
texcrimapp · 2015
1 sentence

2024“Under Ake, for meaningful access to justice, a defendant must have ‘access to the raw materials integral to the building of an effective defense.’” Ehrke, 459 S.W.3d at 615 (quoting Ake, 470 U.S. at 77 ).

12024–2024
Weinn v. State green
texcrimapp · 2010
1 sentence

2012See, e.g., Ex parte White, 160 S.W.3d 46, 53 (Tex.Crim.App.2004) (defense counsel is not ineffective for failing to object to admissible evidence); Muniz v. State, 851 S.W.2d 238, 258 (Tex.Crim.App.1993) (the failure to object to admissible evidence is not ineffective assistance of counsel); Weinn v. State, 281 S.W.3d 633, 641 (Tex.App.-Amarillo 2009) (“The failure of appellant's counsel to request a mistrial could only be termed an act of ineffective assistance of counsel if a mistrial should have been granted.”), aff'd on other grounds 326 S.W.3d 189 (Tex.Crim.App.2010). 72 .Ake, 470 U.S. at

12012–2012
Williams v. State green
texcrimapp · 1997
2 sentences

1998This holding is premised upon the notion that an indigent is entitled to "meaningful access to justice" which means he should have "access to the raw materials integral to the building of an effective defense" thus ensuring "a proper functioning of the adversary process." Williams, 958 S.W.2d at 192 .

1998This holding is premised upon the notion that an indigent is entitled to “meaningful access to justice” which means he should have “access to the raw materials integral to the building of an effective defense” thus ensuring “a proper functioning of the adversary process.” Williams, 958 S.W.2d at 192 .

11998–1998
Caldwell v. Mississippi green
scotus · 1985
2 sentences

1997This holding is premised upon the notion that an indigent is entitled to “meaningful access to justice” which means that he should have “access to the raw materials integral to the building of an effective defense” thus ensuring “a proper functioning of the adversary process.” In order to make the required threshold showing for appointment of an expert under Ake , the indigent defendant’s claim must be based upon more “than undeveloped assertions that the requested assistance would be beneficial.” Caldwell v. Mississippi, 472 U.S. 320 , 323-24 n. 1, 105 S.Ct. 2633 , 2637 n. 1, 86 L.Ed.2d 231 (

1997This holding is premised upon the notion that an indigent is entitled to “meaningful access to justice” which means that he should have “access to the raw materials integral to the building of an effective defense” thus ensuring “a proper functioning of the adversary process.” In order to make the required threshold showing for appointment of an expert under Ake , the indigent defendant’s claim must be based upon more “than undeveloped assertions that the requested assistance would be beneficial.” Caldwell v. Mississippi, 472 U.S. 320 , 323-24 n. 1, 105 S.Ct. 2633 , 2637 n. 1, 86 L.Ed.2d 231 (

11997–1997
Kenneth Granviel v. James A. Lynaugh, Director Texas Department of Corrections green
ca5 · 1989
1 sentence

1993The Fifth Circuit denied relief, holding that the Texas procedure was sufficient to comply with Ake , essentially because it believed that “[a]vailability of a neutral expert provides defendants with ‘the raw materials integral to the building of an effective defense.’ ” 881 F.2d at 192 , quoting Ake v. Oklahoma, 470 U.S. at 77 , 105 S.Ct. at 1093 , 84 L.Ed.2d at 62 .

11993–1993

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (6) TX § Tex. Penal Code § 12.42 (3) TX § Tex. Penal Code § 22.021 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 38 (1993–2025) MS 25 (1988–2025) VA 6 (1994–2001) CO 5 (1987–2016) OH 5 (2008–2022) IL 5 (1992–2020) NJ 5 (2004–2021) MI 4 (2016–2019) MD 3 (1986–2008) CA 3 (1990–2013) LA 3 (1994–2010) AZ 3 (2001–2023) AL 3 (2006–2018) MN 2 (1991–2012) NE 2 (1998–2000) NC 2 (1988–1989) ID 2 (2015–2017) HI 2 (2001–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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