Habeas Corpus — clearly established law

By: WISCONSIN LAW JOURNAL STAFF//November 8, 2011//

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United States Supreme Court

Criminal

Habeas Corpus — clearly established law

Under 28 U.S.C. 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.

Because the Pennsylvania Superior Court’s decision—the last state-court adjudication on the merits of Greene’s claim—predated Gray by nearly three months, the Third Circuit correctly held that Gray was not “clearly established Federal law” against which it could measure the state-court decision. It therefore correctly concluded that the state court’s decision neither was “contrary to,” nor “involved an unreasonable application of,” any “clearly established Federal law.”

606 F. 3d 85, affirmed.

10-637 Greene v. Fisher

Scalia, J.

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