Horn v. Banks, 536 U.S. 266, 2 (2002) (per curiam)

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Cite as: 536 U. S. 266 (2002)

Per Curiam

suggested that habeas should automatically issue if a prisoner satisfies the AEDPA review standard or that AEDPA relieves courts from the responsibility of addressing properly raised Teague arguments.

Certiorari granted; reversed and remanded.

Per Curiam.

The Court of Appeals for the Third Circuit granted respondent federal habeas corpus relief from his death sentence. 271 F. 3d 527 (2001). Applying the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) standard of review,1 the Court of Appeals concluded that the Pennsylvania Supreme Court had unreasonably applied federal law in evaluating respondent's claim that his penalty phase jury instructions and verdict forms were improper under Mills v. Maryland, 486 U. S. 367 (1988). The Court of Appeals found it unnecessary to evaluate whether Mills applies retroactively to cases on habeas review per Teague v. Lane, 489 U. S. 288 (1989), because the Pennsylvania Supreme Court had not ruled on retroactivity. 271 F. 3d, at 541-543. In avoiding the Teague issue, the Court of Appeals directly contravened Caspari v. Bohlen, 510 U. S. 383 (1994), in which we held that federal courts must address the Teague question when it is properly argued by the government. We thus grant the petition for a writ of certiorari and reverse the Court of Appeals' determination that a Teague analysis was unnecessary.2

1 Title 28 U. S. C. 2254(d) was modified by AEDPA and now provides, in part, that "[a]n application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim . . . 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."

2 We also grant respondent's motion for leave to proceed in forma pauperis.

267

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