Greene v. Fisher
Brief Details
- Case No.: 10-637
- Brief Filed: January 03, 2011
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below 606 F.3d 85 (3rd Cir. 2010).
Argument(s)
The court of appeals held that a habeas petitioner may only obtain relief on the basis of a “new rule” if the Supreme Court has announced it by the date of a petitioner’s last state court decision on the merits; this interpretation of “clearly established federal law” would create a class of petitioners theoretically entitled retroactive application of new rules but unable to obtain habeas relief.
Author(s)
Jeffrey T. Green, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwester Univ. Supreme Court Practicum, Chicago, Ill.
