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The Revitalization Of Ake, Cara H. Drinan
The Revitalization Of Ake, Cara H. Drinan
Cara H. Drinan
Pursuant to the case of Ake v. Oklahoma, indigent capital defendants are entitled to a wide array of expert assistance at both the conviction and sentencing phases of trial. Historically, the Ake entitlement has been under-utilized for both structural and normative reasons. However, today Ake is in the process of being revitalized. Recent Supreme Court decisions and the revised American Bar Association (“ABA”) Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases offer the hope that the theoretical entitlement of Ake will be fully realized. Moreover, if that occurs, one of two outcomes is likely to …