State v. Delaney

In State v. Delaney, 187 W.Va. 212, 417 S.E.2d 903 (1992), the Court adopted a balancing test to determine whether to grant a party's request for an additional physical or psychological examination. The Court held in Syllabus Point 3 of Delaney that: In order for a trial court to determine whether to grant a party's request for additional physical or psychological examinations, the requesting party must present the judge with evidence that he has a compelling need or reason for the additional examinations. In making the determination, the judge should consider: (1) the nature of the examination requested and the intrusiveness inherent in that examination; (2) the victim's age; (3) the resulting physical and/or emotional effects of the examination on the victim; (4) the probative value of the examination to the issue before the court; (5) the remoteness in time of the examination to the alleged criminal act; (6) the evidence already available for the defendant's use.