a straightforward legal question on which the lower courts are divided : whether our decision in Ake v. Oklahoma , 470 U. S. 68 -LRB- 1985 -RRB- , clearly established that an indigent defendant whose mental health will be a significant factor at trial is entitled to the assistance of a psychiatric expert who is a member of the defense team instead of a neutral expert who is available to assist both the prosecution and the defense .1