Wilson v. Sellers
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-6855 | 11th Cir. | Oct 30, 2017 | Apr 17, 2018 | 6-3 | Breyer | OT 2017 |
Holding: A federal habeas court reviewing an unexplained state-court decision on the merits should “look through” that decision to the last related state-court decision that provides a relevant rationale and presume that the unexplained decision adopted the same reasoning; the state may rebut the presumption by showing that the unexplained decision most likely relied on different grounds than the reasoned decision below.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on April 17, 2018. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.
SCOTUSblog Coverage
- OT2017 #22: “Cf. Everything” (First Mondays, April 23, 2018)
- Opinion analysis: Justices reaffirm “look-through” presumption in federal habeas review of state-court decisions (Steve Vladeck, April 18, 2018)
- OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays, November 6, 2017)
- Argument analysis: A quixotic search for the general meaning of state-court summary affirmances (Steve Vladeck, October 31, 2017)
- OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
- Argument preview: To which state-court adjudications must federal habeas courts defer? (Steve Vladeck, October 23, 2017)
- Three new cases, a Breyer dissent and a summary affirmance (Amy Howe, February 27, 2017)
| Date | Proceedings and Orders |
|---|---|
| Nov 10 2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2016) |
| Dec 19 2016 | Order extending time to file response to petition to and including January 5, 2017. |
| Jan 05 2017 | Brief amicus curiae of Adam K. Mortara, in support of respondent filed. |
| Jan 05 2017 | Brief of respondent Eric Sellers, Warden filed. |
| Jan 19 2017 | DISTRIBUTED for Conference of February 17, 2017. |
| Feb 21 2017 | DISTRIBUTED for Conference of February 24, 2017. |
| Feb 27 2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below. |
| Mar 15 2017 | Letter from respondent regarding position in case. (Distributed) |
| Mar 27 2017 | In light of the letter filed by respondent on March 15, 2017, the order inviting Adam K. Mortara, Esquire to brief and argue, as amicus curiae, in support of the judgment below is withdrawn. |
| Apr 04 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 30, 2017. |
| May 19 2017 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 5, 2017. |
| Jun 05 2017 | Joint appendix filed. (Statement of costs filed) |
| Jun 05 2017 | Brief of petitioner Marion Wilson filed. |
| Jun 12 2017 | Brief amici curiae of Retired State Supreme Court Justices filed. |
| Jun 14 2017 | The time to file respondent's brief on the merits is extended to and including August 21, 2017. |
| Aug 21 2017 | Brief of respondent Eric Sellers, Warden filed. |
| Aug 28 2017 | Brief amici curiae of Arkansas, et al. filed. |
| Aug 31 2017 | SET FOR ARGUMENT on Monday, October 30, 2017 |
| Sep 07 2017 | CIRCULATED |
| Sep 12 2017 | Record requested from the U.S.C.A.11th Circuit. |
| Sep 20 2017 | Reply of petitioner Marion Wilson filed. (Distributed) |
| Oct 30 2017 | Argued. For petitioner: Mark E. Olive, Tallahassee, Fla. For respondent: Sarah Hawkins Warren, Solicitor General of Georgia, Atlanta, Ga. |
| Nov 15 2017 | Motion to appoint counsel filed by petitioner Marion Wilson. |
| Nov 20 2017 | Motion DISTRIBUTED for Conference of 12/8/2017. |
| Dec 11 2017 | Motion to appoint counsel filed by petitioner GRANTED. , and Mark E. Olive, Esquire, of Tallahassee, Florida, is appointed to serve as counsel for the petitioner in this case. |
| Jan 19 2018 | Letter filed by respondent Warden Sellers. (Distributed) |
| Apr 17 2018 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. |
| May 21 2018 | JUDGMENT ISSUED. |
