Legal Opinion

Lem David Tuggle v. J.D. Netherland, Warden

Court of Appeals for the Fourth Circuit

Decided April 3, 1996No. 94-4005PublishedCited by 53 opinions

1Opinion of the Court

Remanded with instructions by published opinion. Judge HAMILTON wrote the opinion, in which Judge WIDENER and Senior Judge CHAPMAN joined.

OPINION

HAMILTON, Circuit Judge.

In Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985), the Supreme Court held, inter alia, that when the prosecutor in a capital sentencing hearing presents psychiatric evidence of an indigent defendant’s future dangerousness, due process requires that the state provide the defendant expert psychiatric assistance. This case, which is before us on remand from the Supreme Court of the United States, see…

2Cases cited26 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Edwards v. ArizonaSupreme Court of the United States · 1981
  5. Delaware v. Van ArsdallSupreme Court of the United States · 1986

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3Cited by53 opinions

  1. United States v. Aquilia Marcivicci Barnette, United States of America v. Aquilia Marcivicci BarnetteCourt of Appeals for the Fourth Circuit · 2000
  2. Thomas Lee Royal, Jr. v. John B. Taylor, Warden, Sussex I State PrisonCourt of Appeals for the Fourth Circuit · 1999
  3. Gary Lee Davis v. Executive Director of Department of Corrections, as Head of the Department of Corrections, Ari ZavarasCourt of Appeals for the Tenth Circuit · 1996
  4. George Franklin Page v. R.C. Lee, Warden, Central PrisonCourt of Appeals for the Fourth Circuit · 2003
  5. Timothy Scott Sherman v. William L. Smith, Warden, Maryland House of Correction-Annex John Joseph Curran, Attorney General for the State of MarylandCourt of Appeals for the Fourth Circuit · 1996

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