Greene v. Fisher

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.

Brief filed: 01/03/2011


Greene v. Fisher

United States Supreme Court; Case No. 10-637

Prior Decision

Decision below 606 F.3d 85 (3rd Cir. 2010).


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. 

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Jeffrey T. Green, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwester Univ. Supreme Court Practicum, Chicago, Ill.