State v. Apelt
In State v. Apelt, 176 Ariz. 349, 861 P.2d 634 (1993), the defendant was convicted of first-degree murder and sentenced to death.
Prior to trial, he moved for an ex parte hearing to present a request for expert assistance without "tipping his hand" to the prosecution. Id. at 364-65, 861 P.2d at 649-50.
The trial court denied the request, noting there was no authority for such a hearing. Id. at 365, 861 P.2d at 650.
The supreme court affirmed, holding there is no constitutional right to ex parte proceedings and that the broad disclosure requirements of Arizona Rules of Criminal Procedure cut against such a conclusion. Id.
The court further concluded that the right to an ex parte proceeding is not one of the "basic tools" of an adequate defense. Id.