Opinion

Ake v. State

  • 778 P.2d 460
  • 1989 OK CR 30
  • 1989 Okla. Crim. App. LEXIS 33
  • 1989 WL 78294
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 13, 1989
Status
Published
Author
Brett
On the bench
Parks, Lane, Bussey, Lumpkin, Brett
Cited by
38 cases

Overruled in part by TAYLOR v. STATE, 2018 OK CR 6 (2018)

finding the defendant competent despite the fact that he suffered from schizophrenia

How later courts described this case

  • finding the defendant competent despite the fact that he suffered from schizophrenia
  • finding the probative value of excluded reports “diminished” because the defense expert was able to testify about them
  • "While appellant claims the evidence [unsponsored mental-health reports] was crucial, we do not agree insofar as appellant could have called these various doctors to testify regarding their diagnoses and opinions"
  • one-year delay between reversal of conviction and retrial did not constitute denial of speedy trial, because delay was largely due to defendant's hospitalization while undergoing testing to evaluate competency

Written by the judges who cited it.

Later courts went against this

  • Overruled in part by TAYLOR v. STATE, 2018 OK CR 6 (2018)

    Id., 556 U.S. at 786--87, 129 S. Ct. at 2085.2 This Court's decisions in Warner v. State, 2006 OK CR 40, ¶ 55, 144 P.3d 838, 866; Miller v. State, 2001 OK CR 17, ¶ 10, 29 P.3d 1077, 1080; Valdez v. State, 1995 OK CR 18, ¶ 33, 900 P.2d 363, 374; Walker v. State, 1990 OK CR 44, ¶ 12, 795 P.2d 1064, 1067; Ake v. State, 1989 OK CR 30, ¶ 40, 778 P.2d 460, 469; and McCaulley v. State, 1988 OK CR 25, ¶ 9, 750 P.2d 1124, 112…
    Court of Criminal Appeals of OklahomaFeb 23, 2018in partRead it

The opinion

BRETT, Judge, specially

concurring.

While I concur in this decision, I do not subscribe to the author’s comments in footnote I. Each case must be considered on its own merits as to the extent of technical assistance that should be allowed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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