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Ake Vs. Oklahoma

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  • US Supreme Court
  • Feb 26, 1986

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71 entries 7 linked 64 unlinked
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  1. Strickland Vs. Washington US Supreme Court · May 14, 1984
  2. Mcmann Vs. Richardson US Supreme Court · May 04, 1970
  3. Mathews Vs. Eldridge US Supreme Court · Feb 24, 1976
  4. Bearden Vs. Georgia US Supreme Court · May 24, 1983
  5. Little Vs. Streater US Supreme Court · Jun 01, 1981
  6. Ross Vs. Moffitt US Supreme Court · Jun 17, 1974
  7. Barefoot Vs. Estelle US Supreme Court · Jul 06, 1983
    Relied / Followed
  8. U.S. 68 (1986) U.S. Supreme Court Ake v. Oklahoma
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  9. U.S. 68 (1985) Ake v. Oklahoma
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  10. that he was entitled to such an evaluation by the Federal Constitution. On the basis of United States ex rel. Smith v. Baldi
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  11. to assistance in preparation at the sentencing phase. Pp. 470 U. S. 83 -84. (c) United State ex rel. Smith v. Baldi
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  12. for a psychiatric evaluation at state expense on the basis of this Court's decision in United States ex rel. Smith v. Baldi
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  13. repeated his request for a psychiatrist and that the claim was thereby waived. 663 P.2d at 6. The court cited Hawkins v. State
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  14. is therefore properly exercised. The Oklahoma waiver rule does not apply to fundamental trial error. See Hawkins v. State
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  15. Gaddis Page 470 U. S. 75 v. State
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  16. Buchanan v. State
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  17. Williams v. State
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  18. law prong of the court's holding is not independent of federal law, and our jurisdiction is not precluded. See Herb v. Pitcairn
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  19. Enterprise Irrigation District v. Farmers
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  20. transcript to an indigent defendant if the transcript is necessary to a decision on the merits of the appeal. Griffin v. Illinois
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  21. that an indigent defendant may not be required to pay a fee before filing a notice of appeal of his conviction, Burns v. Ohio
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  22. U. S. 252 (1959), that an indigent defendant is entitled to the assistance of counsel at trial, Gideon v. Wainwright
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  23. U. S. 335 (1963), and on his first direct appeal as of right, Douglas v. California
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  24. U. S. 353 (1963), and that such assistance must be effective. See Evitts v. Lucey
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  25. Indeed, in Little v. Streater
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  26. a State must purchase for the indigent defendant all the assistance that his wealthier counterpart might buy, see Ross v. Moffitt
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  27. Britt v. North
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  28. and the risk of an erroneous deprivation of the affected interest if those safeguards are not provided. See Little v. Streater
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  29. symptoms of insanity, Solesbee v. Balkcom
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  30. in many States of placing before the jury psychiatric testimony on the question of future dangerousness, see Barefoot v. Estelle
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  31. sentencing phase. C The trial court in this case believed that our decision in United States ex rel. Smith v. Baldi
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  32. obligation to provide access to a psychiatrist. For two reasons, we disagree. First, neither Smith nor McGarty v. O'Brien
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  33. Smith v. Baldi
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  34. Rogers v. State
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  35. in such cases, and the separate but related inquiries that due process and equal protection must trigger. See Evitts v. Lucey
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  36. extended to noncapital cases in State v. Peeler
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  37. right recognized in all cases in People v. Worthy
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  38. State v. Clemons
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  39. State v. Olin
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  40. People v. Watson
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  41. Owen v. State
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  42. State v. Madson
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  43. State v. Anaya
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  44. State v. Suggett
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  45. Commonwealth v. Gelormo
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  46. State v. Cunningham
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  47. Reilly v. Barry
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  48. offense. Once that burden is satisfied, the burden shifts to the State to prove sanity beyond a reasonable doubt. Ake v. State
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  49. any event, if such a defense is afforded, the burden of proving insanity can be placed on the defendant. See Patterson v. New
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  50. U.S. Supreme Court Ake v. Oklahoma
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