A recent law review article argues that capital defendants’ right to expert assistance would grow stronger through the revitalization of the 1983 Supreme Court decision in Ake v. Oklahoma. The author explains that recent court decisions and the revised American Bar Association Guidelines for the Appointment and Performance of Defense Council in Death Penalty Cases “offer the hope that the theoretical entitlement of Ake will be fully realized.” As a result, the article argues that one of two outcomes will result at the state level; “1) capital defendants will receive a fully-litigated, fair trial consistent with the principles set for the by the Supreme Court and the ABA and/or 2) some states will be unable to bear the financial burden of a fully-implemented Ake, and they will either reduce the number of capital cases pursued or they will cease pursuit of the death penalty all together.” The article examines the Ake promises in theory and why it has historically been under-utilized, offers evidence that Ake is in the process of being revitalized, and then discusses the “impact that this trend will likely have on all capital cases.”
(C. Drinan, “The Revitalization of Ake: A Capital Defendant’s Right to Expert Assistance,” 60 Oklahoma Law Review, Summer 2007, 2). See Law Reviews.