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Details on todays opinion

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The first opinion of the Term is in Greene v. Fisher. Justice Scalia wrote the opinion for a unanimous Court, which held that for purposes of the Antiterrorism and Effective Death Penalty Act, clearly established federal law is limited to the Supreme Courts decisions as of the time of the relevant state-court adjudication on the merits. The Court further held that because the last state-court adjudication on the merits of Greenes claims that of the Pennsylvania Superior Court predated the Courts decision in Gray v. Maryland 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, and the state courts decision was thus neither contrary to nor an unreasonable application of any clearly established Federal law.

Disclaimer: Goldstein & Russell, P.C. serves as counsel to the petitioner in this case.

Recommended Citation: Kali Borkoski, Details on todays opinion, SCOTUSblog (Nov. 8, 2011, 12:00 AM), https://www.scotusblog.com/2011/11/details-on-todays-opinion-5/