Greene v. Fisher
Encyclopedia
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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
involving the Antiterrorism and Effective Death Penalty Act (AEDPA), which sets the standard of review
Standard of review
In LAW, the standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower...
for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, 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.