Weaver v. Massachusetts
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-240 | Apr 19, 2017 | Apr 29, 2025 | 7-2 | Kennedy | OT 2016 |
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 Justice Kennedy on April 29, 2025. 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.
SCOTUSblog Coverage
- A "view" from the courtroom: The terms first bonus day for opinions (Mark Walsh, June 22, 2017)
- Opinion analysis: Courtroom closure error requires prejudice on collateral ineffective-assistance review (Rory Little, June 22, 2017)
- Argument analysis: A genuinely undecided court on a difficult criminal procedure question (Rory Little, April 20, 2017)
- Argument preview: Case asking whether prejudice must be shown when a criminal lawyers mistake leads to a structural public-trial error could have vehicle problems (Rory Little, April 12, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
- Petition of the day (Kate Howard, September 17, 2016)
| Date | Proceedings and Orders |
|---|---|
| 08/18/2016 | Petition for a writ of certiorari filed. (Response due September 23, 2016) |
| 09/06/2016 | Waiver of right of respondent Massachusetts to respond filed. |
| 09/23/2016 | Brief amici curiae of Criminal Defense Attorneys of Michigan, et al. filed. |
| 09/28/2016 | DISTRIBUTED for Conference of October 14, 2016. |
| 10/03/2016 | Response Requested . (Due November 2, 2016) |
| 10/27/2016 | Order extending time to file response to petition to and including December 2, 2016. |
| 12/02/2016 | Brief of respondent Massachusetts in opposition filed. |
| 12/20/2016 | Reply of petitioner Kentel Myrone Weaver filed. |
| 12/21/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Petition GRANTED. |
| 02/17/2017 | SET FOR ARGUMENT ON Wednesday, April 19, 2017. |
| 02/24/2017 | Record requested from the Supreme Judicial Court of Massachusetts. |
| 02/27/2017 | Joint appendix filed. (Statement of costs filed.) |
| 02/27/2017 | Brief of petitioner Kentel Myrone Weaver filed. |
| 03/01/2017 | Record received from the Supreme Judicial Court of Massachusetts. The record is electronic. |
| 03/03/2017 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 03/06/2017 | Brief amici curiae of Reporters Committee for Freedom of the Press and Society of Professional Journalists filed. |
| 03/06/2017 | Brief amici curiae of American Civil Liberties Union and the ACLU of Massachusetts filed. |
| 03/06/2017 | Brief amicus curiae of Massachusetts Association of Criminal Defense Lawyers filed. |
| 03/06/2017 | Brief amici curiae of The Stein Center for Law and Ethics, et al. filed. |
| 03/22/2017 | CIRCULATED. |
| 03/29/2017 | Brief of respondent Massachusetts filed. (Distributed) |
| 04/03/2017 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 04/04/2017 | Brief amici curiae of Arkansas, et al. filed. (Distributed) |
| 04/05/2017 | Brief amicus curiae of United States filed. (Distributed) |
| 04/05/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/05/2017 | Letter received from Counsel for Respondents. (Distributed) |
| 04/10/2017 | Reply of petitioner Kentel Myrone Weaver filed. (Distributed) |
| 04/13/2017 | 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. |
| 04/19/2017 | 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.) |
| 06/22/2017 | 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. |
| 07/24/2017 | MANDATE ISSUED. |
| 07/24/2017 | JUDGMENT ISSUED. |