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Weaver v. Massachusetts

Docket No.16-240
Op. BelowMass.
ArgumentApr 19, 2017
Vote7-2
AuthorAnthony McLeod Kennedy
OpinionJun 22, 2017
TermOctober Term 2016
SCOTUS PageOpinion

Holding

(1) In the context of a public-trial violation during jury selection, when the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial; (2) Because Kentel Weaver has not shown a reasonable probability of a different outcome but for counsel's failure to object or that counsel's shortcomings led to a fundamentally unfair trial, he is not entitled to a new trial.

Judgment

Affirmed, 7-2, in an opinion by Anthony McLeod Kennedy on Jun 22, 2017. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed an opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined.

Proceedings & orders timeline

Aug 18, 2016
Petition for a writ of certiorari filed. (Response due September 23, 2016)
Sep 6, 2016
Waiver of right of respondent Massachusetts to respond filed.
Sep 23, 2016
Brief amici curiae of Criminal Defense Attorneys of Michigan, et al. filed.
Sep 28, 2016
DISTRIBUTED for Conference of October 14, 2016.
Oct 3, 2016
Response Requested . (Due November 2, 2016)
Oct 27, 2016
Order extending time to file response to petition to and including December 2, 2016.
Dec 2, 2016
Brief of respondent Massachusetts in opposition filed.Dec 20, 2016
Reply of petitioner Kentel Myrone Weaver filed.
Dec 21, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 13, 2017
Petition GRANTED.
Feb 17, 2017
SET FOR ARGUMENT ON Wednesday, April 19, 2017.
Feb 24, 2017
Record requested from the Supreme Judicial Court of Massachusetts.
Feb 27, 2017
Joint appendix filed. (Statement of costs filed.)
Feb 27, 2017
Brief of petitioner Kentel Myrone Weaver filed.
Mar 1, 2017
Record received from the Supreme Judicial Court of Massachusetts. The record is electronic.
Mar 3, 2017
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Mar 6, 2017
Brief amici curiae of Reporters Committee for Freedom of the Press and Society of Professional Journalists filed.Mar 6, 2017
Brief amici curiae of American Civil Liberties Union and the ACLU of Massachusetts filed.Mar 6, 2017
Brief amicus curiae of Massachusetts Association of Criminal Defense Lawyers filed.Mar 6, 2017
Brief amici curiae of The Stein Center for Law and Ethics, et al. filed.
Mar 22, 2017
CIRCULATED.
Mar 29, 2017
Brief of respondent Massachusetts filed. (Distributed)Apr 3, 2017
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)Apr 4, 2017
Brief amici curiae of Arkansas, et al. filed. (Distributed)Apr 5, 2017
Brief amicus curiae of United States filed. (Distributed)
Apr 5, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 5, 2017
Letter received from Counsel for Respondents. (Distributed)
Apr 10, 2017
Reply of petitioner Kentel Myrone Weaver filed. (Distributed)
Apr 13, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
Apr 19, 2017
Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Randall E. Ravitz, Assistant Attorney General, Boston, Mass.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 22, 2017
Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Sotomayor, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined.
Jul 24, 2017
MANDATE ISSUED.
Jul 24, 2017
JUDGMENT ISSUED.

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