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Justices weigh defendants' right to own mental health expert

WASHINGTON (AP) — The Supreme Court seems closely divided about whether an Alabama death row inmate should get a new sentencing hearing because he did not have a mental health expert on his side when he was tried and sentenced to death more than 30 years ago.

The court has ruled previously that poor defendants whose mental health might be a factor in the criminal charges they are facing have a right to an expert's evaluation. The justices on Monday took up a case about whether the expert must be independent of the prosecution.

The outcome also could affect two Arkansas inmates who were spared execution last week by the Arkansas Supreme Court while the nation's highest court considers the issue.