Skip to main content

Rapelje v. McClellan

Certiorari Denied

Petition for certiorari denied on November 18, 2013.

Docket No.12-1480
Op. Below6th Cir.

Issue

(1) Whether a state-court order denying a request for relief on a constitutional claim "for lack of merit in the grounds presented" constitutes a merits adjudication of that claim for purposes of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and (2) whether a federal habeas court may, consistent with AEDPA, delve into the internal procedures of a state court to support its speculation that an order denying relief "for lack of merit" is not, in fact, a merits adjudication.

Proceedings & orders timeline

Jun 19, 2013
Petition for a writ of certiorari filed. (Response due July 22, 2013)
Jul 15, 2013
Brief of respondent Tyrik McClellan in opposition filed.
Jul 15, 2013
Motion for leave to proceed in forma pauperis filed by respondent Tyrik McClellan.
Jul 31, 2013
DISTRIBUTED for Conference of September 30, 2013.
Aug 27, 2013
Reply of petitioner Lloyd Rapelje filed. (Distributed).
Oct 7, 2013
DISTRIBUTED for Conference of October 11, 2013.
Oct 15, 2013
DISTRIBUTED for Conference of October 18, 2013.
Oct 28, 2013
DISTRIBUTED for Conference of November 1, 2013.
Nov 4, 2013
DISTRIBUTED for Conference of November 8, 2013.
Nov 12, 2013
DISTRIBUTED for Conference of November 15, 2013.
Nov 18, 2013
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 18, 2013
Petition DENIED. Justice Alito, with whom Justice Scalia joins, dissenting from the denial of certiorari.(Detached Opinion)

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.