Alverson v. Workman

Although I agree with Judge Briscoe’s merits analysis, in my view we must apply the independent and adequate state ground doctrine to the Ake claims.1 When reviewing a state prisoner’s petition for a writ of habeas corpus, federalism and comity require us to respect and give effect to state procedural rules. Because Alverson failed to raise a claim based on Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), on direct appeal — and because the Oklahoma Court of Criminal Appeals relied upon a state procedural law to dispose of the Ake claim on post-conviction review — we are…