Davis v. State
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The Supreme Court denied Appellant’s motion asking the Court to recall its mandate in his direct appeal affirming his conviction for capital murder and death sentence, holding that Appellant failed to demonstrate a breakdown in the appellate process to justify the recall of the direct-appeal mandate.
Appellant filed a motion to recall the mandate and stay his execution, arguing that he did not receive the minimum due-process requirements set forth in Ake v. Oklahoma, 470 U.S. 68 (1985), because the Court had incorrectly interpreted and applied Ake, thus denying him access to an independent mental health expert to assist in his defense. The Supreme Court denied Appellant’s motion and lifted the stay of his execution, holding that there was no breakdown in the appellate process that would warrant recalling the mandate.
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