Sunday, December 22, 2013

Ake v. Oklahoma case brief

Ake v. Oklahoma case brief summary
470 U.S. 68 (1985)

Petitioner, who was indigent, sought review by certiorari of a judgment of the Court of Criminal Appeals of Oklahoma, which affirmed his conviction for murder after finding that he was not entitled to the assistance of a psychiatrist in preparing his insanity defense.

Petitioner was convicted of murder. He appealed his conviction, claiming that the State should have provided him with access to a psychiatrist in order to prepare his defense of insanity. The court of appeals affirmed the conviction.


  • On review, the Court determined that when a State brought its judicial power to bear on an indigent defendant in a criminal proceeding it was required to take steps to assure that the defendant had a fair opportunity to present a defense. 
  • The Court found that the State had ample notice that petitioner intended to present a defense of insanity to the murder charges against him. 
  • Due process required that the State provide petitioner with access to a psychiatrist both to assist in the preparation of his insanity defense to the charges and in any sentencing proceedings. 
  • Petitioner's murder conviction was therefore reversed and remanded for a new trial.

The Court reversed the judgment and remanded the matter for a new trial.

Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...