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Marion Wilson v. Eric Sellers, Warden

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 14-10681 · judgment August 23, 2016

Decided · April 17, 2018

Question presented

Did this Court's decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991)-that a federal court sitting in habeas proceedings should "look through" a summary state court ruling to review the last reasoned decision - as a slim majority of the en banc Eleventh Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply? ORDER OF FEBRUARY 27, 2017: ADAM K. MORTARA OF CHICAGO, ILLINOIS INVITED TO BRIEF AND ARGUE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. ORDER OF MARCH 27, 2017: INVITATION WITHDRAWN. ORDER OF DECEMBER 8, 2017: MARK E. OLIVE, OF TALLAHASSEE, FLORIDA, IS APPOINTED TO SERVE AS COUNSEL FOR PETITIONER.

Counsel of record

For petitioner
Brian S. Kammer
Mercer Habeas Project

For respondent
Sarah Hawkins Warren
Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 2 merits
(1 supporting pet./neither, 1 respondent)

Order
Order list, December 11, 2017

Argument & decision

Argued October 30, 2017 — Mark E. Olive · Sarah Hawkins Warren. Listen and read along · the Court’s audio

Decided April 17, 2018. Opinion by Breyer.

Proceedings

  1. May 21 2018
    JUDGMENT ISSUED.
  2. May 21 2018
    JUDGMENT ISSUED.
  3. Apr 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.
  4. Jan 19 2018
    Letter filed by respondent Warden Sellers. (Distributed)
  5. Dec 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.
  6. Nov 20 2017
    Motion DISTRIBUTED for Conference of 12/8/2017.
  7. Nov 15 2017
    Motion to appoint counsel filed by petitioner Marion Wilson.
  8. Oct 30 2017
    Argued. For petitioner: Mark E. Olive, Tallahassee, Fla. For respondent: Sarah Hawkins Warren, Solicitor General of Georgia, Atlanta, Ga.
  9. Sep 20 2017
    Reply of petitioner Marion Wilson filed. (Distributed)
  10. Sep 12 2017
    Record requested from the U.S.C.A.11th Circuit.
  11. Sep 07 2017
    CIRCULATED
  12. Aug 31 2017
    SET FOR ARGUMENT on Monday, October 30, 2017
  13. Aug 28 2017
    Brief amici curiae of Arkansas, et al. filed.
  14. Aug 21 2017
    Brief of respondent Eric Sellers, Warden filed.
  15. Jun 14 2017
    The time to file respondent's brief on the merits is extended to and including August 21, 2017.
  16. Jun 12 2017
    Brief amici curiae of Retired State Supreme Court Justices filed.
  17. Jun 05 2017
    Joint appendix filed. (Statement of costs filed)
  18. Jun 05 2017
    Brief of petitioner Marion Wilson filed.
  19. May 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.
  20. Apr 04 2017
    The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 30, 2017.
  21. Mar 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.
  22. Mar 15 2017
    Letter from respondent regarding position in case. (Distributed)
  23. Feb 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.
  24. Feb 21 2017
    DISTRIBUTED for Conference of February 24, 2017.
  25. Jan 19 2017
    DISTRIBUTED for Conference of February 17, 2017.
  26. Jan 05 2017
    Brief amicus curiae of Adam K. Mortara, in support of respondent filed.
  27. Jan 05 2017
    Brief of respondent Eric Sellers, Warden filed.
  28. Dec 19 2016
    Order extending time to file response to petition to and including January 5, 2017.
  29. Nov 10 2016
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2016)