Rapelje v. McClellan

Judge McKeague dissented. He concluded that "[t]he Michigan Court of Appeals'

*401 denial of [respondent's] claims 'for lack of merit [in] the grounds presented' was a merits adjudication" and therefore that "the federal district court was limited to considering the record before the Michigan Court of Appeals at the time that court rendered its decision." 703 F.3d, at 351 . He argued that "Michigan courts have 'consistently held that denial of an application "for lack of merit in the grounds presented" is a decision on the merits of the issues raised.' " Id ., at 355 (quoting Collier, supra, at *1 ).