380 F. Supp. 2d 788 - Woodward v. Epps’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Woodward contends that the appointment of a psychiatrist is `reasonably necessary' to assist him in proving that he was denied his constitutional right to receive expert assistance regarding his mental state at the time of the commission of the crime for which he was convicted. In Ake v. Oklahoma , the United States Supreme Court held that `when a defendant demonstrates to the trial judge that his sanity at the time of the offense is to be a significant factor at trial, the State must, at a minimum, assure the defendant access to a competent psychiatrist who will conduct an appropriate examination. . . .' Ake v. Oklahoma, 470 U.S. 68, 83 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985). The Ake opinion, however, limited its holding by stating `[t]his is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own.' Ake, 470 U.S. at 83 , 105 S.Ct. 1087 . `Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and . . . we leave to the State the decision on how to implement this right.' Id. ". . . . "The Fourth Circuit Court of Appeals' case of Wilson v. Greene provides a persuasive analysis of the Ake requirements. In Wilson, the defendant, Kenneth Wilson filed a habeas corpus petition in which he contended that his court-appointed psychologist for his trial did not conduct an `appropriate' examination resulting in a violat”

   1 later decision quote this exact passage · from the majority
   e.g. 962 So. 2d 272 - Burgess v. State

2. “. . . . "Woodward's application is not well-taken. Woodward has not established that granting him the funds to retain Dr. Summers is `reasonably necessary' to pursue his habeas petition. Woodward is only entitled to funds pursuant to Section 848(q)(9) if he can demonstrate that the psychological assistance he received at trial did not meet the Ake standards. A review of Woodward's contention that he was not provided an adequate psychological evaluation at trial pursuant to Ake does not reveal that his claim warrants the appropriation of funds. 21 U.S.C. § 848 (q)(9) was not intended to allocate funds to habeas petitioners to conduct a fishing expedition for proof to support their claims. Dr. Summers' affidavit suggests that a more in-depth psychiatric analysis of Woodward might reveal that Woodward suffered from other brain conditions that influenced his behavior at the time of the crime. According to Dr. Summers, such results could have been beneficial in providing mitigating circumstances during Woodward's re-sentencing. Woodward, however, has not shown how the trial-level evaluations fell below the Ake standards. Without proof of such, Woodward's request for funds pursuant to Section 848(q)(9) is not `reasonably necessary.'”

   1 later decision quote this exact passage · from the majority
   e.g. 962 So. 2d 272 - Burgess v. State

3. “The state is not required to permit defendants to shop around for a favorable expert.”

   1 later decision quote this exact passage · from the majority
   e.g. 962 So. 2d 272 - Burgess v. State