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The Right to Non-Counsel Experts Most STATE constitutions require the appointment of a non-psychiatric expert to assist indigent defendants when they make a particularized showing of the need for the assistance or the expert's expertise goes to a significant issue in the trial. Defendant does not get an appointed expert just because the state has one This is like the Betts v. Brady rule - defendant gets an expert when he really needs it. This should work better for experts than for counsel because the prosecutor isn't required to alert the court to the need.