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On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error

by Douglas Ankney

On remand from the Supreme Court of the United States (“SCOTUS”), the U.S. Court of Appeals for the Eleventh Circuit held that in the particular facts and circumstances of James McWilliams’ sentencing, the Alabama sentencing court’s violation of the provisions of Ake v. Oklahoma, 470 U.S. 68 ...

 

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