Eric Greene, Aka Jarmaine Q. Trice v. Jon Fisher, Superintendent, State Correctional Institution At Smithfield, et al. (565 U.S. 34)
U.S. Supreme Court · decided November 8, 2011 · Supreme Court Database (Spaeth)
- Citation
- 565 U.S. 34 · 132 S. Ct. 38
- Decided
- November 8, 2011
- Term
- October Term 2011
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a federal court may not grant habeas relief to a state prisoner with respect to any claim that has been “adjudicated on the merits in State court proceedings” unless the state-court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U. S. C. § 2254(d)(1). We consider whether “clearly established Federal law” includes decisions of this Court that are announced after the last adjudication of the merits in state court but before the defendant’s conviction becomes final. I In December 1993, petitioner Eric Greene and four co-conspirators robbed a grocery store in North Philadelphia, Pennsylvania. During the robbery, one of the men shot and killed the store’s owner. The five were apprehended, and two of them confessed to taking part in the robbery. Greene did not confess, but he was implicated by the others’ statements. When the Commonwealth sought to try all of the co-conspirators jointly, Greene sought severance, arguing, inter alia, that the confessions of his nontestifying codefendants should not be introduced at his trial. The trial court denied the motion to sever, but agreed to require redaction of the…
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