Breaking News

Kelly v. McCarley

Petition granted, judgment vacated and case remanded for further consideration in light of Davis v. Ayala on June 29, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-430 6th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) What standards a federal habeas court should apply when reviewing a state court's determination that a constitutional error was harmless beyond a reasonable doubt under Chapman v. California; and (2) whether the Sixth Circuit erred by granting habeas relief based on its de novo review of the habeas petitioner’s claim and on its “grave doubts” over whether the alleged constitutional error influenced the jury's verdict.

DateProceedings and Orders (key to color coding)
Oct 8 2014Petition for a writ of certiorari filed. (Response due November 14, 2014)
Oct 8 2014Appendix of Bennie Kelly, Warden filed.
Oct 31 2014Order extending time to file response to petition to and including December 15, 2014.
Dec 3 2014Order further extending time to file response to petition to and including January 14, 2015.
Jan 14 2015Brief of respondent Willard McCarley in opposition filed.
Jan 28 2015DISTRIBUTED for Conference of February 20, 2015.
Jan 28 2015Reply of petitioner Bennie Kelly, Warden filed. (Distributed)
Jun 22 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 29 2015Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Davis v. Ayala, 576 U. S. ___ (2015).
Jul 31 2015JUDGMENT ISSUED.