Skip to main content

McWilliams v. Dunn

Docket No.16-5294
Op. Below11th Cir.
ArgumentApr 24, 2017
Vote5-4
AuthorStephen G. Breyer
OpinionJun 19, 2017
TermOctober Term 2016
SCOTUS PageOpinion

Holding

The Alabama courts' determination that James McWilliams received all the assistance to which Ake v. Oklahoma entitled him -- when certain threshold criteria are met, access to a state-provided mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively "conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense" -- was contrary to, or an unreasonable application of, clearly established federal law; and (2) the U.S. Court of Appeals for the 11th Circuit should determine on remand whether the Alabama courts' error had the "substantial and injurious effect or influence" required to warrant a grant of habeas relief under Davis v. Ayala, specifically considering whether access to the type of meaningful assistance in evaluating, preparing, and presenting the defense that Ake requires could have made a difference.

Judgment

Reversed and remanded, 5-4, in an opinion by Stephen G. Breyer on Jun 19, 2017. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Gorsuch joined.

Proceedings & orders timeline

Mar 16, 2016
Application (15A978) to extend the time to file a petition for a writ of certiorari from May 16, 2016 to July 15, 2016, submitted to Justice Thomas.
Mar 24, 2016
Application (15A978) granted by Justice Thomas extending the time to file until July 15, 2016.
Jul 15, 2016
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2016)
Aug 9, 2016
Order extending time to file response to petition to and including September 19, 2016.
Aug 19, 2016
Brief amicus curiae of The Constitution Project filed.
Sep 14, 2016
Order further extending time to file response to petition to and including October 19, 2016.
Oct 17, 2016
Brief of respondents Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed.Oct 28, 2016
Reply of petitioner James E. McWilliams filed.
Nov 3, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 17, 2016
Record Requested.
Nov 22, 2016
Record received from the U.S.C.A. 11th Circuit. (1-Box)
Dec 6, 2016
Record received from the U.S.D.C. for the Northern District of Alabama (4 boxes).
Dec 8, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 13, 2017
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Jan 17, 2017
Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents.
Jan 27, 2017
Motion to appoint counsel filed by petitioner James E. McWilliams.
Feb 10, 2017
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Feb 15, 2017
DISTRIBUTED for Conference of March 3, 2017.
Feb 17, 2017
SET FOR ARGUMENT ON Monday, April 24, 2017
Feb 27, 2017
Joint appendix filed. (Statement of costs filed.)
Feb 27, 2017
Brief of petitioner James E. McWilliams filed.
Mar 6, 2017
Motion to appoint counsel filed by petitioner GRANTED, and Stephen B. Bright, Esquire, of Atlanta, Georgia, is appointed to serve as counsel for the petitioner in this case.
Mar 6, 2017
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 6, 2017
Brief amici curiae of American Psychiatric Association, et al. filed.
Mar 22, 2017
CIRCULATED.
Mar 29, 2017
Brief of respondents Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. filed. (Distributed)Apr 17, 2017
Reply of petitioner James E. McWilliams filed. (Distributed)
Apr 24, 2017
Argued. For petitioner: Stephen B. Bright, Atlanta, Ga. (Appointed by this Court.) For respondents: Andrew L. Brasher, Solicitor General, Montgomery, Ala.
Jun 19, 2017
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Gorsuch, JJ., joined.
Jul 7, 2017
Record returned to the U.S.C.A. 11th Circuit (1 Box).
Jul 7, 2017
Record returned to the U.S.D.C. for the Northern District of Alabama (4 boxes).
Jul 21, 2017
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.