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FUNK v. COM.

Record No. 0581-87-4.

379 S.E.2d 371 (1989)

Philip Edward FUNK, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 18, 1989.

Attorney(s) appearing for the Case

Exequiel R. Sevilla, Jr., Fairfax, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, on brief), for appellee.

Before BARROW, COLEMAN and KEENAN, JJ.

COLEMAN, Judge.

The primary issue raised by this appeal is whether Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), requires trial courts to appoint a psychiatrist, rather than a clinical psychologist, to assist an indigent defendant by examining, evaluating and preparing an insanity defense. The appellant contends, in effect, that Ake overrides Code § 19.2-169.5 by requiring the appointment of...

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