McWilliams v. Commissioner, Alabama Department of Corrections, No. 13-13906 (11th Cir. 2019)
Annotate this Case
On remand from the Supreme Court, the Eleventh Circuit remanded the case to the district court with instructions to issue a writ of habeas corpus vacating petitioner's sentence and entitling him to a new sentencing hearing.
Applying Brecht v. Abrahamson, the court reviewed the trial judge's error under Ake v. Oklahoma, holding that the constitutional error in this case was structural. The court held that the Ake error infected the entire sentencing hearing from beginning to end, because petitioner was prevented from offering any meaningful evidence of mitigation based on his mental health, or from impeaching the State's evidence of his mental health. The court held that this Ake error defies analysis by harmless-error review and thus prejudice to petitioner was presumed.
This opinion or order relates to an opinion or order originally issued on December 16, 2015.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.