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preme Court ruling that some poor defendants are entitled to an independent psychiatrist at state expense, said Deputy Attorney General Donald Gehring.
Jeffrey Gleason, Tuggle’s lawyer, said he will take the case back to the U.S. Supreme Court.
Tuggle was convicted and sentenced to die for the 1983 rape and murder of Jessie Geneva Havens in Smyth County. He was one of six death row inmates who escaped May 31, 1984, from the Mecklenburg Correctional Center. He was recaptured a week later in Maine.
The state court first upheld Tuggle’s conviction and sentence in November 1984.
But the U.S. Supreme Court sent the case back for review, citing its decision in Ake v. Oklahoma, which said states must provide independent psychiatrists to assist poor defendants if their sanity is likely to be a factor in their defense.
Rape test developing
CHARLOTTESVILLE — A University of Virginia scientist said Friday he may be close to discovering a process by which rape suspects can be identified through their semen.
“That’s the direction we’re pushing our research,” said Dr. John C. Herr, director of U. Va.’s Lymphocyte
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