EXHIBITB

STATE OF TEXAS vs. JOHN DOE

Motion To Proceed Ex Parte And Motion For Appointment Of Expert Assistance And Request To Seal Motion And Order

THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY. TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES John Doe, Defendant in the above entitled and numbered case, by and through the undersigned counsel, and to proceed ex-parte, in camera, and on a sealed record with regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 3, 3a, 10, i3 and 19 of the Texas Constitution, and Article 26.05( d) of the Texas Code of Criminal Procedure, to appoint a psychological expert to assist in the evaluation, preparation, and presentation of a defense, and for good cause shows the following:

Factual Matters which May Be Raised

Based upon review of the limited information that has been initially provided, it is possible that the Defendant may have a history of mental health issues and/or mental illness. Further, at the time of the alleged criminal act the Defendant may have been suffering from the debilitating effects of said mental health issues, which necessarily offers an explanation of the action(s) of the Defendant, and/or reaction(s) of the Defendant on the date of the alleged offense. Further, based upon Defendant's previous history, it may be possible that the Defendant suffers from yet an undiagnosed mental health disorder.

Need for Expert Assistance

Without psychological expert assistance, counsel cannot know whether a person with the Defendant's possible mental health problems and/or this type of history, can be held criminally responsible for the events which ultimately lead to the alleged actions and / or reaction(s) of the defendant. A psychological evaluation is necessary to determine if any v iable mitigation evidence is available , and/or evidence is present which would diminish the Defendant's criminal responsibility , if any

Furthermore , only an expert can convey the mitigating quality of the Defendant's history of substance abuse , and / or possible mental illness , or explain what the Defendant was likely experiencing at the time of the alleged offense.

Legal Basis for Expert Assistance

The United States Supreme Court held that an indigent defendant has a constitutional right to the assistance of a competent , independent expert. See Ake v. Oklahoma, 4 70 U.S . 68 ( 1985). The purpose of this holding is to ensure that indigent defendants are given the same due process as wealthier defendants, including, and perhaps especially, the right to the effective assistance of counsel. Id.

Appointing an expert whose purpose is to assist the court and whose findings are made public necessarily renders such an expert incapable of an undivided loyalty to the Defendant. Appointing any expert other than one whose findings are privileged and whose efforts and advice are rendered exclusively in the Defendant's best interests , is not a psychiatrist rendering assistance to Defendant or the defense , and therefore the due process requirements of Ake are not met. See Rey v State, 897 S.W.2d 333 (Tex.Crim.App.1995).

When an indigent accused makes a clear showing to the trial judge that the mental condition, and / or mental illness of the accused will be a significant factor at a critical stage of trial , the judge has a clear duty upon request to appoint a psychiatric expert to assist.

Application for Fees

1. [Name of Expert] is a competent and qualified specialist in the field of forensic psychology. It is appointed counsel ' s understanding that the process to review the Defendant's mental health records , conduct an interview, and perform a psychological and social history examination and evaluation, including but not limited to a determination whether the Defendant was suffering from any type of mental illness , emotional condition, or diminished capacity, at the time of the alleged offense , may initially require an expenditure of at least $ *** ***, for the completion of said evaluation.

2 The services of a psychologist are necessary to enable John Doe to prepare effectively for trial, present favorable evidence and to cross-examine the state's witnesses. The evidence which will be the subject of expert opinion is critical to a determination of John Doe ' s mental state , and / or condition at the time of the offense.

3. The services of a psychologist are necessary to investigate and develop any mitigating factors which are apparent and present as a result of the Defendant's current mental state , and any and all factors and/or circumstances surrounding his state of mind at the time that he is allegedly to have committed the offense as charged. Specifically, a qualified psychologist is necessary and imperati ve to assist in the Defendant's trial preparation , because such an expert can explain the mitigating quality of Defendant's mental illness or explain what the Defendant was likely experiencing at the time of the alleged offense.

4. If John Doe is not provided with expert assistance , John Doe will be deprived of due process , due course , and equal protection of the laws , the effective assistance of counsel , the right to confront witnesses , the right to a fair and impartial trial , the right to present evidence on behalf of the defense , and the right to explain or deny evidence presented against the defense in the punishment phase , in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 3, 3a, 10 , 13 and 19 of the Texas Constitution.

Request that this Motion and Order be Sealed

The following motion contains vital trial strategy information gathered by the appointed counsel for the Defendant, and as such, is work-product , which should not be disclosed to the State. Therefore , the Defendant would move this Court upon consideration of this motion ex-parte , that the contents of said motion and order be sealed until further order of this Court. The Court ' s failure to seal this motion and order, would result in a violation of the Defendant ' s right to due process , and / or effective legal representation as the Defendant's potential trial strategy would be compromised .

WHEREFORE, PREMISES CONSIDERED, John Doe requests that this Court consider this motion and initially order that sufficient funds, in the amount of$****** , such that a competent psychological expert can be retained to assist in the investigation, evaluation, preparation and presentation of the defense.

Respectfully Submitted ,

Law Offices of JESKO & STEADMAN

612 Earl Garrett Street

Kerrville, Texas 78028

Telephone: (830) 257-5005

Facsimile: (830) 896-1563

E -mail: jesksted @ ktc.com

By: _______________

Clay B. Steadman State Bar No.

00785038

Attorney for John Doe

Certificate Of Service

No certificate of service is necessary , as this motion and order are being filed ex -parte, as same contains information regarding potential defense strategies and work-product , and request has hereby been made by the Defendant that this motion and order be sealed.

Signed on __________

Clay B. Steadman Attorney for John Doe

On the __ day of ______ , 2017 , came on to be considered John Doe ' s Motion to Proceed Ex Parte and Motion for Appointment of Expert Assistance and Request to Seal Motion and Order, and said motion is hereby: [ ] GRANTED

It is hereby Ordered that the Defendant be authorized to initially expend funds in the amount of$****** , for the completion of the investigations, such that [Name of Expert] , a qualified psychologist can be retained to assist in the investigation, evaluation, preparation and presentation of a defense for the Defendant at trial.

Further, it is hereby Ordered that pursuant to the Defendant's request that the Defendant's Motion to Proceed Ex-Parte and Motion for Appointment of Expert Assistance and Request to Seal Motion and Order and the attached Order regarding same be immediately sealed until further written order of this Court.

Signed on ________, 2017.

JUDGE PRESIDING