Wilson v. Sellers

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-6855	11th Cir.	Oct 30, 2017 Tr.Aud.	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)
Opinion analysis: Justices reaffirm “look-through” presumption in federal habeas review of state-court decisions (Steve Vladeck)
OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays)
Argument analysis: A quixotic search for the general meaning of state-court summary affirmances (Steve Vladeck)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays)
Argument preview: To which state-court adjudications must federal habeas courts defer? (Steve Vladeck)
Three new cases, a Breyer dissent and a summary affirmance (Amy Howe)

Date	Proceedings and Orders (key to color coding)
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the order inviting Adam K. Mortara, Esquire to brief and argue, as amicus curiae, in support of the judgment below is withdrawn.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.

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Editor's Note :

Wilson v. Sellers

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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