McWilliams v. Dunn
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-5294 | Apr 24, 2017 | Apr 29, 2025 | 5-4 | Breyer | OT 2016 |
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 Justice Breyer on April 29, 2025. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Gorsuch joined.
SCOTUSblog Coverage
- Death-penalty symposium: In search of predictability (Joseph Tartakovsky, June 29, 2017)
- Death-penalty symposium: A court increasingly uncomfortable with the death penalty (Stephen McAllister, June 29, 2017)
- Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker, June 28, 2017)
- Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger, June 28, 2017)
- Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull, June 27, 2017)
- Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod, June 27, 2017)
- Opinion analysis: Alabama death-row inmate prevails on habeas claim at least for now (Amy Howe, June 19, 2017)
- A "view" from the courtroom: A clash of laws (Mark Walsh, June 19, 2017)
- Argument analysis: Nine justices, with five votes for death row inmate? (Amy Howe, April 24, 2017)
- Argument preview: What kind of help does the Constitution require for defendants in capital cases? (Amy Howe, April 19, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| 03/16/2016 | 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. |
| 03/24/2016 | Application (15A978) granted by Justice Thomas extending the time to file until July 15, 2016. |
| 07/15/2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2016) |
| 08/09/2016 | Order extending time to file response to petition to and including September 19, 2016. |
| 08/19/2016 | Brief amicus curiae of The Constitution Project filed. |
| 09/14/2016 | Order further extending time to file response to petition to and including October 19, 2016. |
| 10/17/2016 | Brief of respondents Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed. |
| 10/28/2016 | Reply of petitioner James E. McWilliams filed. |
| 11/03/2016 | DISTRIBUTED for Conference of November 22, 2016. |
| 11/17/2016 | Record Requested. |
| 11/22/2016 | Record received from the U.S.C.A. 11th Circuit. (1-Box) |
| 12/06/2016 | Record received from the U.S.D.C. for the Northern District of Alabama (4 boxes). |
| 12/08/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| 01/17/2017 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents. |
| 01/27/2017 | Motion to appoint counsel filed by petitioner James E. McWilliams. |
| 02/10/2017 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner. |
| 02/15/2017 | DISTRIBUTED for Conference of March 3, 2017. |
| 02/17/2017 | SET FOR ARGUMENT ON Monday, April 24, 2017 |
| 02/27/2017 | Joint appendix filed. (Statement of costs filed.) |
| 02/27/2017 | Brief of petitioner James E. McWilliams filed. |
| 03/06/2017 | 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. |
| 03/06/2017 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 03/06/2017 | Brief amici curiae of American Psychiatric Association, et al. filed. |
| 03/22/2017 | CIRCULATED. |
| 03/29/2017 | Brief of respondents Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. filed. (Distributed) |
| 04/17/2017 | Reply of petitioner James E. McWilliams filed. (Distributed) |
| 04/24/2017 | Argued. For petitioner: Stephen B. Bright, Atlanta, Ga. (Appointed by this Court.) For respondents: Andrew L. Brasher, Solicitor General, Montgomery, Ala. |
| 06/19/2017 | 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. |
| 07/07/2017 | Record returned to the U.S.C.A. 11th Circuit (1 Box). |
| 07/07/2017 | Record returned to the U.S.D.C. for the Northern District of Alabama (4 boxes). |
| 07/21/2017 | JUDGMENT ISSUED. |