Rapelje v. McClellan
Petition for certiorari denied on November 18, 2013
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.
SCOTUSblog Coverage
- NSA spying challenge turned aside (Lyle Denniston, November 18, 2013)
- What you can learn from opinions regarding the denial of certiorari (Tom Goldstein, November 18, 2013)
- Petition of the day (Mary Pat Dwyer, September 19, 2013)
| Date | Proceedings and Orders |
|---|---|
| 06/19/2013 | Petition for a writ of certiorari filed. (Response due July 22, 2013) |
| 07/15/2013 | Brief of respondent Tyrik McClellan in opposition filed. |
| 07/15/2013 | Motion for leave to proceed in forma pauperis filed by respondent Tyrik McClellan. |
| 07/31/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 08/27/2013 | Reply of petitioner Lloyd Rapelje filed. (Distributed). |
| 10/07/2013 | DISTRIBUTED for Conference of October 11, 2013. |
| 10/15/2013 | DISTRIBUTED for Conference of October 18, 2013. |
| 10/28/2013 | DISTRIBUTED for Conference of November 1, 2013. |
| 11/04/2013 | DISTRIBUTED for Conference of November 8, 2013. |
| 11/12/2013 | DISTRIBUTED for Conference of November 15, 2013. |
| 11/18/2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 11/18/2013 | Petition DENIED. Justice Alito, with whom Justice Scalia joins, dissenting from the denial of certiorari.(Detached Opinion) |