CRIMINAL (PSYCH EVAL): CAIN V. JUDGE LISABETH ABRAMSON (SCOKY 1/25/07)

SCOKY held CA and Jefferson Circuit Judge Lisabeth Abramson properly denied Defendant’s motion to have counsel present during court ordered psychiatric examination of him.  The psychiatric evaluation, ordered by the court upon notice by Cain of his intent to assert mental illness as a defense, is not a "critical stage" in the procedural system giving rise to a constitutional necessity for the presence of counsel. Thus, there is no constitutional right, under Section 11 of the Kentucky Constitution or under the Sixth Amendment to the United States Constitution, for an accused to have counsel present during a psychiatric examination.  The presence of counsel may act to subvert the administration of justice by giving counsel the opportunity, through the interposing of objections, to redirect the course of the examination, limit the scope and efficacy of the evaluation, or undermine the results of the evaluation.

Summarized by Scott Byrd