United States Supreme Court

In a petition for writ of habeas corpus relief from conviction of capital murder, on grounds that the trial court denied petitioner the right to meaningful expert assistance guarantee by Ake v. Oklahoma, 470 U. S. 68, 83, the Eleventh Circuit's judgment denying the petition is reversed where: 1) Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense; and 2) the Eleventh Circuit should determine on remand whether the Alabama courts' error had the 'substantial and injurious effect or influence' required to warrant a grant of habeas relief, Davis v. Ayala, 576 U. S. __, __, specifically considering whether access to the type of meaningful assistance in evaluating, preparing, and presenting the defense that Ake requires could have made a difference.

Appellate Information

• Published 2017/06/19

Judges

• BREYER

Court

• United States Supreme Court

Counsel