Wilson v. Sellers

Docket No.	Argument	Opinion	Vote	Author	Term
16-6855	Oct 30, 2017	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, April 23, 2018)
Opinion analysis: Justices reaffirm look-through presumption in federal habeas review of state-court decisions (Steve Vladeck, April 18, 2018)
OT2017 #5: Oglethorpes Second Cousin (First Mondays, November 6, 2017)
Argument analysis: A quixotic search for the general meaning of state-court summary affirmances (Steve Vladeck, October 31, 2017)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
Argument preview: To which state-court adjudications must federal habeas courts defer? (Steve Vladeck, October 23, 2017)
Three new cases, a Breyer dissent and a summary affirmance (Amy Howe, February 27, 2017)

Date	Proceedings and Orders (key to color coding)
11/10/2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2016)
12/19/2016	Order extending time to file response to petition to and including January 5, 2017.
01/05/2017	Brief amicus curiae of Adam K. Mortara, in support of respondent filed.
01/05/2017	Brief of respondent Eric Sellers, Warden filed.
01/19/2017	DISTRIBUTED for Conference of February 17, 2017.
02/21/2017	DISTRIBUTED for Conference of February 24, 2017.
02/27/2017	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.
03/15/2017	Letter from respondent regarding position in case. (Distributed)
03/27/2017	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the order inviting Adam K. Mortara, Esquire to brief and argue, as amicus curiae, in support of the judgment below is withdrawn.
04/04/2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 30, 2017.
05/19/2017	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 5, 2017.
06/05/2017	Joint appendix filed. (Statement of costs filed)
06/05/2017	Brief of petitioner Marion Wilson filed.
06/12/2017	Brief amici curiae of Retired State Supreme Court Justices filed.
06/14/2017	The time to file respondent's brief on the merits is extended to and including August 21, 2017.
08/21/2017	Brief of respondent Eric Sellers, Warden filed.
08/28/2017	Brief amici curiae of Arkansas, et al. filed.
08/31/2017	SET FOR ARGUMENT on Monday, October 30, 2017
09/07/2017	CIRCULATED
09/12/2017	Record requested from the U.S.C.A.11th Circuit.
09/20/2017	Reply of petitioner Marion Wilson filed. (Distributed)
10/30/2017	Argued. For petitioner: Mark E. Olive, Tallahassee, Fla. For respondent: Sarah Hawkins Warren, Solicitor General of Georgia, Atlanta, Ga.
11/15/2017	Motion to appoint counsel filed by petitioner Marion Wilson.
11/20/2017	Motion DISTRIBUTED for Conference of 12/8/2017.
12/11/2017	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.
01/19/2018	Letter filed by respondent Warden Sellers. (Distributed)
04/17/2018	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.
05/21/2018	JUDGMENT ISSUED.
05/21/2018	JUDGMENT ISSUED.