Harvey Lee Green, Jr. v. James B. French, Warden, Central Prison
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The 3 confirmed treatments are listed below. All 37 flagged citations have been read.
37 later cases cite Harvey Lee Green, Jr. v. James B. French, Warden, Central Prison; 37 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Harvey Lee Green, Jr. v. James B. French, Warden, Central Prison?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The Supreme Court rejected Green's requirement that all reasonable jurists agree a state court was unreasonable before federal habeas relief is available.
Williams v. Taylor · Supreme Court of the United States · filed
In this case, the Court of Appeals applied the construction of the amendment that it had adopted in its earlier opinion in Green v. French, 143 F. 3d 865 (CA4 1998). ... Accordingly, it held that a federal court may issue habeas relief only if “ ‘the state courts have decided the question by interpreting or applying the relevant precedent in a manner that reasonable jurists would all agree is unreasonable,’ ” ... We are convinced that that interpretation of the amendment is incorrect.
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The Supreme Court rejected Green's rule that a state court unreasonably applies federal precedent when it refuses to extend a legal principle to a new setting.
White v. Woodall · Supreme Court of the United States · filed
The unreasonable-refusal-to-extend concept originated in a Fourth Circuit opinion we discussed at length in Williams, our first in-depth analysis of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See 529 U. S., at 407–409 (citing Green v. French, 143 F. 3d 865, 869–870 (1998)). ... Thus, this Court has never adopted the unreasonable-refusal-to-extend rule on which respondent relies. ... To the extent the unreasonable-refusal-to-extend rule differs ... from the one embraced in Williams and reiterated many times since, we reject it.
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Declined to follow
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The Eighth Circuit chose a different standard for unreasonable application of Supreme Court precedent than Green's rule requiring agreement among all reasonable jurists.
Long v. Humphrey · United States Court of Appeals for the Eighth Circuit · filed
Some circuits hold a state court’s decision is unreasonable if the state court applied controlling precedent in a manner all reasonable jurists would agree was unreasonable, see Green, 143 F.3d at 870; Neelley, 138 F.3d at 924; Drinkard, 97 F.3d at 769, ... Instead, the Third Circuit holds “[t]he federal habeas court should not grant the petition unless the state court decision, evaluated objectively and on the merits, resulted in an outcome that cannot reasonably be justified under existing Supreme Court precedent.” Id. at 890. We find the Third Circuit’s approach persuasive.
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