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Richard Haile McWilliams v. United States District Court for the District of Nebraska

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-3326 · judgment January 28, 2026


Pending

Question presented

Whether federal district courts may conscript counsel appointed under the Criminal Justice Act, 18 U.S.C. § 3006A, to represent a defendant at trial where the defendant: 1) has never asked for counsel and has made it clear through words and action that he does not want court-appointed counsel to represent him; 2) has refused all efforts of court-appointed counsel to meet and discuss the facts, possible defenses, potential consequences, and defendant’s procedural and constitutional rights at trial; and 3) has told court-appointed counsel nothing about the case that would enable the court-appointed counsel to provide the competent and effective representation that the court-appointed counsel is ethically and constitutionally bound to provide.

Counsel of record

For petitioner
Richard Haile McWilliams
Federal Public Defender District of Nebraska

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 16 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 08 2026
    Petitioner complied with order of June 22, 2026.
  3. Jun 22 2026
    The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 13, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
  4. Jun 03 2026
    DISTRIBUTED for Conference of 6/18/2026.
  5. May 29 2026
    Waiver of right of respondent United States District Court, District of Nebraska to respond filed.
  6. May 05 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2026)