Breaking News

Rapelje v. Blackston

Petition for certiorari denied on November 30, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
15-161 6th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether the Sixth Circuit erred when it granted habeas relief based on the theory that respondent was denied the right to confront the two witnesses when the state courts did not allow him to introduce their post-testimony written recantations to impeach their former testimony; (2) whether the Sixth Circuit erred in holding that a written statement recanting former testimony is not “extrinsic” to that testimony and that such statements may be admitted by merely “recit[ing] [them] to the jury” without an authenticating witness; and (3) whether the Sixth Circuit erred in concluding that the state court’s determination that any error was harmless beyond a reasonable doubt was objectively unreasonable, where there was other substantial evidence of respondent’s guilt and the evidence was interlocking and not dependent on the credibility of any single witness.

DateProceedings and Orders (key to color coding)
Aug 3 2015Petition for a writ of certiorari filed. (Response due September 4, 2015)
Aug 3 2015Appendix of Lloyd Rapelje, Warden filed.
Aug 21 2015Order extending time to file response to petition to and including September 24, 2015.
Sep 23 2015Brief of respondent Junior Fred Blackston in opposition filed.
Oct 5 2015Reply of petitioner Lloyd Rapelje, Warden filed.
Oct 7 2015DISTRIBUTED for Conference of October 30, 2015.
Nov 2 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 16 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015Petition DENIED Justice Scalia with whom Justice Thomas and Justice Alito join dissenting from denial of certiorari. (Detached Opinion)