By: Derek Hawkins//June 21, 2017//
United States Supreme Court
Case Name: McWilliams v. Dunn, et all
Case No.: 16-5294
Focus: Expert Examination
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.” 470 U. S., at 83. The Alabama courts’ determination that McWilliams received all the assistance to which Ake entitled him was contrary to, or an unreasonable application of, clearly established federal law
“Three preliminary issues require resolution. First, the conditions that trigger Ake’s application are present. McWilliams is and was an “indigent defendant,” 470 U. S., at 70, and his “mental condition” was both “relevant to . . . the punishment he might suffer,” id., at 80, and “seriously in question,” id., at 70. Second, this Court rejects Alabama’s claim the State was relieved of its Ake obligations because McWilliams received brief assistance from a volunteer psychologist at the University of Alabama. Even if the episodic help of an outside volunteer could satisfy Ake, the State does not refer to any specific record facts that indicate that the volunteer psychologist was available to the defense at the judicial sentencing proceeding. Third, contrary to Alabama’s suggestion, the record indicates that McWilliams did not get all the mental health assistance that he requested. Rather, he asked for additional help at the judicial sentencing hearing, but was rebuffed.”
Reversed and remanded
Dissenting: Alito, Roberts, Thomas, Gorsuch
Concurring: