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Capital Punishment Issues in the U.S. Supreme Court

IX.  Due Process (14th Amendment)

Ake v. Oklahoma, 470 U.S. 68 (1985) [FindLaw] [Lexis], holding, in a capital case where the defendant’s psychological condition would be an issue for sentencing purposes, that the defendant had a due process right to have a psychiatrist appointed to assist the defense (see also Tuggle v. Netherland, 516 U.S. 10 (1995) [FindLaw] [Lexis]).  See also Gardner v. Florida, 430 U.S. 349 (1977) [FindLaw] [Lexis], holding that due process is violated when, in a capital case, the defendant is sentenced based in part on confidential information in a sentencing report that was never disclosed to the defendant; Green v. Georgia, 442 U.S. 95 (1979) [FindLaw] [Lexis], holding that due process prohibits a state from using its hearsay law “mechanistically” to exclude a capital defendant’s proffer of relevant, potentially mitigating evidence.

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