Ake was then committed to a mental hospital and after six months the chief forensic physiatrist informed the court that he was a mentally ill person in need of care and treatment, unable to stand trial. He was prescribed 200 milligrams of Thorazine, taken three times a day. Six weeks later, Ake was found to be adequate with his condition as long as he continued to be sedated with the antipsychotic drug. The state of Oklahoma then continued the proceedings and the defendant’s attorney informed the court that his client would be raising an insanity defense, which was his sole defense. Each of Clark’s examining psychiatrists testified, however they had no inquiry of his mental state during the time of the offense, or at his stay in the hospital. There was no solid testimony regarding Ake’s mental state at the time of the offense, which was a key factor in determining his sentence. His attorney requested a psychiatric evaluation to determine Ake’s mental state during the time of the crime, claiming he was entitled to the evaluation by the Federal Constitution.The judge rejected the attorney’s argument and stated that the defendant requires the assistance of a psychiatrist when that assistance is necessary, and denied a psychiatric evaluation. The jury rejected the petitioner’s insanity defense and Ake was presumed sane during the time of the crime unless there was evidence to depict his sanity at the time. Ake was convicted on two counts of murder in the first degree, two counts of shooting with the intent to kill, and 500 years of imprisonment. The Oklahoma Court of Criminal Appeals confirmed the convictions and sentenced Ake to the death penalty on the murder counts due to the psychiatrists’ testimonies of the future dangers Ake could bear on society. Ake claimed he should have been provided with the services of a court-appointed psychiatrist and the court has the authority to review the case.