Case Study: Dunn V. Mcwilliams
McWilliams V Dunn Supreme Court of the United States
Introduction
The Dunn v. McWilliams case is a famous court case that was heard before the supreme court of United States in April 24, 2017. The case involved James McWilliams as the petitioner against Jefferson Dunn was the commissioner and was representing the Alabama department of corrections. The focus of the case was the sixth amendment of the US constitution was useful in providing for the right to the assistance of an attorney to represent them in defense. However the oral arguments in the case pointed out that it was unclear on whether the defendant’s right to an attorney allows for him to an independent expert who would be devoted in advocating specifically for the defense’s case. …show more content…
This was requested in relation to the Ake v. Oklahoma, 470 U.S 68 ruling of 1985 that had approved that the defendant is allowed to have a meaningful expert assistance in the “evaluation, preparation, and presentation of the defense” . However in the case argument it was realized that this clause did not clearly describe if the expert should be independent of the prosecution. The prosecution in this case was not willing to submit to this request claiming that the defendant needed only access to an expert. The prosecution was against the idea of the defendant being offered an independent expert but they wanted the judge to allow provision of an expert who would be neutral to all parties involved in the …show more content…
The Supreme Court felt that the lower courts were holding on errors and were wide diverging from the establishment of the law. However there was an opinion that the courts error was not substantial and injurious to warrant a grant of habeas relief. The court observed that the court was wring on holding to the idea that the Ake law requirements was satisfactorily met by providing the defendant with a competent psychiatrist . The Supreme Court reported that the Ake law does not only provide for examination but it should also allow for “access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation preparation, and presentation of the defense
Introduction
The Dunn v. McWilliams case is a famous court case that was heard before the supreme court of United States in April 24, 2017. The case involved James McWilliams as the petitioner against Jefferson Dunn was the commissioner and was representing the Alabama department of corrections. The focus of the case was the sixth amendment of the US constitution was useful in providing for the right to the assistance of an attorney to represent them in defense. However the oral arguments in the case pointed out that it was unclear on whether the defendant’s right to an attorney allows for him to an independent expert who would be devoted in advocating specifically for the defense’s case. …show more content…
This was requested in relation to the Ake v. Oklahoma, 470 U.S 68 ruling of 1985 that had approved that the defendant is allowed to have a meaningful expert assistance in the “evaluation, preparation, and presentation of the defense” . However in the case argument it was realized that this clause did not clearly describe if the expert should be independent of the prosecution. The prosecution in this case was not willing to submit to this request claiming that the defendant needed only access to an expert. The prosecution was against the idea of the defendant being offered an independent expert but they wanted the judge to allow provision of an expert who would be neutral to all parties involved in the …show more content…
The Supreme Court felt that the lower courts were holding on errors and were wide diverging from the establishment of the law. However there was an opinion that the courts error was not substantial and injurious to warrant a grant of habeas relief. The court observed that the court was wring on holding to the idea that the Ake law requirements was satisfactorily met by providing the defendant with a competent psychiatrist . The Supreme Court reported that the Ake law does not only provide for examination but it should also allow for “access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation preparation, and presentation of the defense