Mills v. Messer

Summary

The Supreme Court of Kentucky granted John Mills's petition for a writ of mandamus concerning state funding for expert assistance in his RCr 11.42 post-conviction proceeding. The court remanded for the Knox Circuit Court to determine whether the proposed experts were reasonably necessary for a full presentation of Mills's claims, while leaving the trial court discretion over the funds or services available under KRS 31.185.

Holdings

1. A post-conviction petitioner may be entitled to state funds for expert testimony upon a showing that the proposed witness is reasonably necessary for a full presentation of the petitioner's case. The trial court retains discretion to deny funding if the expert testimony is not reasonably necessary.
2. Mills satisfied the prerequisites for a writ of mandamus because postponing the funding issue until direct appeal would require the post-conviction proceeding to be repeated if funding were later found warranted, causing inefficiency and delay in the administration of justice.

Questions Presented

1. Whether a Kentucky post-conviction petitioner may obtain state funds for expert assistance when the proposed expert testimony is reasonably necessary for a full presentation of claims for which an evidentiary hearing has been ordered.
2. Whether mandamus was appropriate to require the Knox Circuit Court to determine Mills's entitlement to state-funded expert assistance before the RCr 11.42 evidentiary hearing.

Disposition

writ_granted