Greene v. Fisher
 | This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. (October 2013) |
| 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 no. | 10-637 |
| Citations | 565 U.S. 34 (more) 132 S. Ct. 38; 181 L. Ed. 2d 336; 2011 U.S. LEXIS 8077; 80 U.S.L.W. 4013 |
| Argument | Oral argument |
| Case history | |
| Prior | 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 | |
| |
| Case opinion | |
| 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. 34 (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
[edit]- Associated Press (November 8, 2011), Court upholds conviction in Pa. murder case[dead link]
- Weiss, Debra Cassens (November 8, 2011), "Supreme Court Upholds Conviction of Defendant Who Missed Benefit of Redaction Ruling", ABA Journal, American Bar Association
External links
[edit]
Works related to Greene v. Fisher at Wikisource- Text of Greene v. Fisher, 565 U.S. 34 (2011) is available from: CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)
- Brief for Petitioner
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