The United States Supreme Court to Consider Case of SCHR Client

8th March, 2017

On January 13, 2017, more than thirty years after his conviction, the Supreme Court of the United States granted cert to longtime SCHR client, James McWilliams. 

Mr. McWilliams has been on Alabama’s death row since 1986. The Court will hear his case and decide the question of whether when the Court held in Ake v. Oklahoma that an indigent defendant is entitled to meaningful expert assistance for the “evaluation, preparation, and presentation of the defense,” it clearly established that the expert should be independent of the prosecution.   

Oral arguments will take place on April 24, 2017. 

 

Brief of Petitioner James McWilliams 

James McWilliams’s Petition for a Writ of Certiorari

Alabama’s Brief in Opposition to a Writ of Certiorari

James McWilliams’s Reply to Brief in Opposition to a Writ of Certiorari

Amicus Brief in Support of Petitioner from the National Association of Criminal Defense Lawyers, the National Association for Public Defense, National Legal Aid and Defender Association, and Twenty-Three Capital Attorneys and Investigators

Amicus Brief in Support of Petitioner from the American Psychiatric Association, American Academy of Psychiatry and the Law, and the American Psychological Association