stating that, “when resolution of the state procedural law question depends on a federal constitutional ruling, the state-law prong of the court’s holding is not independent of federal law, and our jurisdiction is not precluded,” and holding that a state waiver rule was not independent because, “[b]efore applying the waiver doctrine to a constitutional question, the state court must rule, either explicitly or implicitly, on the merits of the constitutional question”
How later courts described this case
- stating that, “when resolution of the state procedural law question depends on a federal constitutional ruling, the state-law prong of the court’s holding is not independent of federal law, and our jurisdiction is not precluded,” and holding that a state waiver rule was not independent because, “[b]efore applying the waiver doctrine to a constitutional question, the state court must rule, either explicitly or implicitly, on the merits of the constitutional question”
- stating that “without the assistance of a psychiatrist to conduct a professional examination on issues relevant to the defense, to help determine whether the insanity defense is viable, to present testimony, and to assist in preparing the cross-examination of a State’s psychiatric witnesses, the risk of an inaccurate resolution of sanity issues is extremely high” (emphasis added)
- stating that providing an indigent defendant with adequate defense tools is "grounded in significant part on the Fourteenth Amendment’s due process guarantee of fundamental fairness, [which] derives from the belief that justice cannot be equal where, simply as a result of his poverty, a defendant is denied the opportunity to participate meaningfully in a judicial proceeding”
- stating that “ ‘fundamental fairness entitles indigent defendants to an adequate opportunity to present their claims fairly within the adversarial system. To implement this principle, we have focused on identifying the basic tools of an adequate defense or appeal, and we have required that such tools be provided to those defendants who cannot afford to pay for them’ ”
Written by the judges who cited it.
Later courts went against this
Declined to follow by In Re JTG, 121 S.W.3d 117 (2003)
Accordingly, we decline to extend the holdings in Ake, Terrell, and Detmering to parental termination cases.
Disagreed with by Giron v. State, 2000 Tex. App. LEXIS 4221 (2000)
We reject the notion that a “court’s expert” necessarily fulfills the role of psychiatric assistant to the indigent accused envisioned by Ake[ v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985)].
Distinguished
Distinguished by Commonwealth v. Paddy, 609 Pa. 272 (2011)
Ake is inapposite to the instant case for several reasons.
Distinguished by Commonwealth v. Tedford, 598 Pa. 639 (2008)
Ake is inapposite: Ake’s requirement to provide state-paid expert assistance applies to
Distinguished by Commonwealth v. Blakeney, 596 Pa. 510 (2008)
Appellant cites to the guilt phase rule in Ake, which obviously is inapposite.
Distinguished by a later decision, 422 F.3d 1012 (2005)
Because the purpose of the December 11 session was therapeutic, rather than to establish a defense, Ake is inapplicable.
The opinion
Justice Rehnquist,
dissenting.
The Court holds that “when a defendant has made a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial, the Constitution requires that a State provide access to a psychiatrist’s assistance on this issue if the defendant cannot otherwise afford one.” Ante, at 74. I do not think that the facts of this case warrant the establishment of such a principle; and I think that even if the factual predicate of the Court’s statement were established, the constitutional rule announced by the Court is far too broad. I would limit the rule to capital cases, and make clear that the entitlement is to an independent psychiatric evaluation, not to a defense consultant.
*88 Petitioner Ake and his codefendant Hatch quit their jobs on an oil field rig in October 1979, borrowed a car, and went looking for a location to burglarize. They drove to the rural home of Reverend and Mrs. Richard Douglass, and gained entrance to the home by a ruse. Holding Reverend and Mrs. Douglass and their children, Brooks and Leslie, at gunpoint, they ransacked the home; they then bound and gagged the mother, father, and son, and forced them to lie on the living room floor. Ake and Hatch then took turns attempting to rape 12-year-old Leslie Douglass in a nearby bedroom. Having failed in these efforts, they forced her to lie on the living room floor with the other members of her family.
Ake then shot Reverend Douglass and Leslie each twice, and Mrs. Douglass and Brooks once, with a .357 magnum pistol, and fled. Mrs. Douglass died almost immediately as a result of the gunshot wound; Reverend Douglass’ death was caused by a combination of the gunshots he received, and strangulation from the manner in which he was bound. Leslie and Brooks managed to untie themselves and to drive to the home of a nearby doctor. Ake and his accomplice were apprehended in Colorado following a month-long crime spree that took them through Arkansas, Louisiana, Texas, and other States in the western half of the United States.
Ake was extradited from Colorado to Oklahoma on November 20,1979, and placed in the city jail in El Reno, Oklahoma. Three days after his arrest, he asked to speak to the Sheriff. Ake gave the Sheriff a detailed statement concerning the above crimes, which was first taped, then reduced to 44 written pages, corrected, and signed by Ake.
Ake was arraigned on November 23, 1979, and again appeared in court with his codefendant Hatch on December 11th. Hatch’s attorney requested and obtained an order transferring Hatch to the state mental hospital for a 60-day observation period to determine his competency to stand trial; although Ake was present in court with his attorney *89 during this proceeding, no such request was made on behalf of Ake.
On January 21, 1980, both Ake and Hatch were, bound over for trial at the conclusion of a preliminary hearing. No suggestion of insanity at the time of the commission of the offense was made at this time. On February 14, 1980, Ake appeared for formal arraignment, and at this time became disruptive. The court ordered that Ake be examined by Dr. William Allen, a psychiatrist in private practice, in order to determine his competency to stand trial. On April 10, 1980, a competency hearing was held at the conclusion of which the trial court found that Ake was a mentally ill person in need of care and treatment, and he was transferred to a state institution. Six weeks later, the chief psychiatrist for the institution advised the court that Ake was now competent to stand trial, and the murder trial began on June 23, 1980. At this time Ake’s attorney withdrew a pending motion for jury trial on present sanity. Outside the presence of the jury the State produced testimony of a cellmate of Ake, who testified that Ake had told him that he was going to try to “play crazy.”
The State at trial produced evidence as to guilt, and the only evidence offered by Ake was the testimony of the doctors who had observed and treated him during his confinement pursuant to the previous order of the court. Each of these doctors testified as to Ake’s mental condition at the time of his confinement in the institution, but none could express a view as to his mental condition at the time of the offense. Significantly, although all three testified that Ake suffered from some form of mental illness six months after he committed the murders, on cross-examination two of the psychiatrists specifically stated that they had “no opinion” concerning Ake’s capacity to tell right from wrong at the time of the offense, and the third would only speculate that a psychosis might have been “apparent” at that time. The Court *90 makes a point of the fact that “there was no expert testimony for either side on Ake’s sanity at the time of the offense.” Ante, at 72 (emphasis deleted). In addition, Ake called no lay witnesses, although some apparently existed who could have testified concerning Ake’s actions that might have had a bearing on his sanity at the time of the offense; and although two “friends” of Ake’s who had been with him at times proximate to the murders testified at trial at the behest of the prosecution, defense counsel did not question them concerning any of Ake’s actions that might have a bearing on his sanity.
The Court’s opinion states that before an indigent defendant is entitled to a state-appointed psychiatrist the defendant must make “a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial.” Ante, at 74. But nowhere in the opinion does the Court elucidate how that requirement is satisfied in this particular case. Under Oklahoma law, the burden is initially on the defendant to raise a reasonable doubt as to his sanity at the time of the offense. Once that burden is satisfied, the burden shifts to the State to prove sanity beyond a reasonable doubt. Ake v. State, 663 P. 2d 1, 10 (1983). Since the State introduced no evidence concerning Ake’s sanity at the time of the offense, it seems clear that as a matter of state law Ake failed to carry the initial burden. Indeed, that was the holding of the Oklahoma Court of Criminal Appeals. Ibid.
Nor is this a surprising conclusion on the facts here. The evidence of the brutal murders perpetrated on the victims, and of the month-long crime spree following the murders, would not seem to raise any question of sanity unless one were to adopt the dubious doctrine that no one in his right mind would commit a murder. The defendant’s 44-page confession, given more than a month after the crimes, does not suggest insanity; nor does the failure of Ake’s attorney to move for a competency hearing at the time the codefendant *91 moved for one. The first instance in this record is the disruptive behavior at the time of formal arraignment, to which the trial judge alertly and immediately responded by committing Ake for examination. The trial commenced some two months later, at which time Ake’s attorney withdrew a pending motion for jury trial on present sanity, and the State offered the testimony of a cellmate of Ake who said that the latter had told him that he was going to try to “play crazy.” The Court apparently would infer from the fact that Ake was diagnosed as mentally ill some six months after the offense that there was a reasonable doubt as to his ability to know right from wrong when he committed it. But even the experts were unwilling to draw this inference.
Before holding that the State is obligated to furnish the services of a psychiatric witness to an indigent defendant who reasonably contests his sanity at the time of the offense, I would require a considerably greater showing than this. And even then I do not think due process is violated merely because an indigent lacks sufficient funds to pursue a state-law defense as thoroughly as he would like. There may well be capital trials in which the State assumes the burden of proving sanity at the guilt phase, or “future dangerousness” at the sentencing phase, and makes significant use of psychiatric testimony in carrying its burden, where “fundamental fairness” would require that an indigent defendant have access to a court-appointed psychiatrist to evaluate him independently and — if the evaluation so warrants — contradict such testimony. But this is not such a case. It is highly doubtful that due process requires a State to make available an insanity defense to a criminal defendant, but in any event if such a defense is afforded the burden of proving insanity can be placed on the defendant. See Patterson v. New York, 432 U. S. 197 (1977). That is essentially what happened here, and Ake failed to carry his burden under state law. I do not believe the Due Process Clause superimposes a federal *92 standard for determining how and when sanity can legitimately be placed in issue, and I would find no violation of due process under the circumstances.
With respect to the necessity of expert psychiatric testimony on the issue of “future dangerousness,” as opposed to sanity at the time of the offense, there is even less support for the Court’s holding. Initially I would note that, given the Court’s holding that Ake is entitled to a new trial with respect to guilt, there was no need to reach issues raised by the sentencing proceedings, so the discussion of this issue may be treated as dicta. But in any event, the psychiatric testimony concerning future dangerousness was obtained from the psychiatrists when they were called as defense witnesses, not prosecution witnesses. Since the State did not initiate this line of testimony, I see no reason why it should be required to produce still more psychiatric witnesses for the benefit of the defendant.
Finally, even if I were to agree with the Court that some right to a state-appointed psychiatrist should be recognized here, I would not grant the broad right to “access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.” Ante, at 83 (emphasis added). A psychiatrist is not an attorney, whose job it is to advocate. His opinion is sought on a question that the State of Oklahoma treats as a question of fact. Since any “unfairness” in these cases would arise from the fact that the only competent witnesses on the question are being hired by the State, all the defendant should be entitled to is one competent opinion— whatever the witness’ conclusion — from a psychiatrist who acts independently of the prosecutor’s office. Although the independent psychiatrist should be available to answer defense counsel’s questions prior to trial, and to testify if called, I see no reason why the defendant should be entitled to an opposing view, or to a “defense” advocate.
For the foregoing reasons, I would affirm the judgment of the Court of Criminal Appeals of Oklahoma.