Greene v. Fisher

Greene v. Fisher

Argued October 11, 2011
Decided November 8, 2011
Full case name Eric Greene, aka Jarmaine Q. Trice v. Jon Fisher, Superintendent, State Correctional Institution at Smithfield, et al.
Docket nos. 10-637
Citations

565 U.S. ___ (more)

Argument Oral argument
Prior history Petition denied, 482 F.Supp.2d 624 (E.D. Pa. 2007); aff'd, sub nom. Greene v. Palakovich, 606 F. 3d 85 (3d Cir. 2010)
Holding
Under §2254(d)(1), "clearly established Federal law, as determined by the Supreme Court of the United States" includes only the Court's decisions as of the time of the relevant state-court adjudication on the merits. Third Circuit affirmed.
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Scalia, joined by unanimous
Laws applied
28 U.S.C. § 2254(d)(1) (Antiterrorism and Effective Death Penalty Act)

Greene v. Fisher, 565 U.S. ___ (2011), is a decision by the Supreme Court of the United States involving the Antiterrorism and Effective Death Penalty Act (AEDPA), which sets the standard of review for habeas corpus petitions brought in federal court to challenge state court convictions. AEDPA requires that to be set aside, the state court judgment must have been "contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States."

In a unanimous opinion delivered by Justice Antonin Scalia, the Court ruled in Greene that "clearly established Federal law" under AEDPA does not include Supreme Court decisions that are announced after the last adjudication of the merits in state court but before the defendant's conviction becomes final.

Further reading


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