Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

White v. Rice

Petition for certiorari denied on June 11, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1262 6th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Whether, in federal habeas review, a state court’s selection of one reasonable reading of the record over another can constitute an “unreasonable determination of the facts” under 28 U.S.C. § 2254(d)(2); and (2) whether 28 U.S.C. § 2254(e)(1)’s command that a habeas petitioner must overcome the presumption of correctness of a state factual determination with clear and convincing evidence fits with 28 U.S.C. § 2254(d)(2)’s bar of federal habeas relief on a state court merits adjudication unless the decision was “based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding.”

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