McWilliams v. Dunn
Issues
Did Ake v. Oklahoma clearly establish that an indigent defendant’s right to an expert witness requires that the expert be independent from the prosecution?
The Sixth Amendment to the U.S. Constitution provides, in relevant part, that a person standing criminal trial has the right to the assistance of an attorney for his defense. In Ake v. Oklahoma, the Supreme Court interpreted that portion of the Sixth Amendment to mean that a defendant also has the right to an expert “to assist in evaluation, preparation, and presentation of the defense.” It is not clear, however, whether a defendant’s right to such an expert entitles him to an independent expert, devoted to advocating specifically for the defense’s case. McWilliams argues that the Sixth Amendment does guarantee an independent expert for the defense of the accused. The State of Alabama, on the other hand, argues that a defendant need only have access to an expert, which may be satisfied through the assistance of an expert neutral to all parties. The outcome of this case will help to further define the scope of protection afforded by the Sixth Amendment regarding a defendant’s right to counsel.
Questions as Framed for the Court by the Parties
When this Court held in Ake v. Oklahoma, 470 U.S. 68 (1985), that an indigent defendant is entitled to meaningful expert assistance for the “evaluation, preparation, and presentation of the defense,” did it clearly establish that the expert should be independent of the prosecution?
In 1984, McWilliams raped and murdered a convenience store attendant. See McWilliams v. Commissioner, D.C. Docket No. 7:04-cv-02923-RDP at 3 (11th Cir. Dec. 16, 2015). For several months leading up to these events, McWilliams had been attending voluntary couples counseling sessions.
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Additional Resources
- Supreme Court to Review Two Death Penalty Cases, Equal Justice Initiative (Jan. 23, 2017).
- Lisa Soronen, What If Your Court-Appointed Psychiatrist Could Talk You To Death?, National Conference of States Legislatures Blog (Feb. 20, 2017).