metrish warden lancaster argued april decided may april respondent burt lancaster former police officer long history severe problems shot killed girlfriend jury trial michigan state lancaster asserted defense diminished capacity michigan appeals precedent defense permitted legally sane defendant present evidence mental illness negate specific intent required commit particular crime apparently unpersuaded lancaster defense jury convicted murder related firearm offense lancaster however later obtained federal habeas relief convictions time lancaster retrial michigan rejected defense decision carpenter although murder lancaster charged occurred several years carpenter decided judge second trial applied carpenter therefore disallowed renewal defense lancaster convicted affirming michigan appeals rejected lancaster argument trial retroactive application carpenter violated due process lancaster reasserted due process claim federal habeas petition district denied petition sixth circuit reversed concluding michigan rejection defense unforeseeable april lancaster killed girlfriend sixth circuit held rejecting lancaster due process claim michigan appeals unreasonably applied clearly established federal law held lancaster entitled federal habeas relief pp antiterrorism effective death penalty act aedpa lancaster may obtain federal habeas relief michigan appeals rejecting due process claim unreasonably applied clearly established federal law determined standard difficult meet lancaster must show michigan appeals decision rested error well understood comprehended existing law beyond possibility fairminded disagreement harrington richter determine whether lancaster satisfied demanding standard first considers two key decisions bouie city columbia rogers tennessee considers whether michigan appeals decision qualifies unreasonable application decisions lancaster case pp bouie concerned petitioners refused leave south carolina drug store restaurant area entering without notice store policy barred entry convicted south carolina trespass statute prohibiting upon lands another notice owner tenant prohibiting entry south carolina based affirmance petitioners convictions prior decision mitchell held trespass statute reached unauthorized entries act remaining premises another receiving notice leave mitchell however rendered months petitioners arrest held due process clause prohibited mitchell retroactive application bouie petitioners stressing mitchell interpretation state trespass statute clearly variance statutory language ha slightest support prior south carolina decisions rogers petitioner contested tennessee retroactive abolition year day rule barred murder conviction unless victim died defendant act within year day act found due process violation udicial alteration common law doctrine criminal law held violates principle fair warning hence must given retroactive effect alteration indefensible reference law expressed prior conduct issue judged standard retroactive abolition year day rule encountered constitutional impediment rule widely viewed outdated relic common law routinely rejected modern courts legislators mentioned reported tennessee decisions three times time dicta pp michigan appeals rejection lancaster due process claim represent unreasonable application law declared bouie rogers pp michigan appeals first recognized defense two years later michigan legislature prescribed comprehensive requirements defenses based mental illness retardation michigan appeals ruled defense fit within codified definition insanity michigan decision carpenter however rejected position holding defense encompassed within michigan legislature comprehensive scheme defenses thus invoked criminal defendants pp light precedent history michigan defense michigan appeals decision applying carpenter retroactively unreasonable application clearly established ederal law case far cry bouie south carolina unexpectedly expanded narrow precise statutory language written reach petitioners conduct carpenter contrast michigan rejected defense reasonably found home comprehensive statute enacted michigan legislature although lancaster due process claim arguably less weak due process claim rejected rogers hold rogers newly announced judicial rule may applied retroactively rule replaces outdated relic rarely appearing jurisdiction case law distinguishing rogers thus little bolster lancaster argument michigan appeals decision unreasonably applied clearly established federal law never found due process violation circumstances remotely resembling lancaster case state squarely addressing particular issue first time rejected consistent line lower decisions based reasonable interpretation language controlling statute fairminded jurists conclude state decision order indefensible reference existing law pp reversed ginsburg delivered opinion unanimous opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press linda metrish warden petitioner burt lancaster writ certiorari appeals sixth circuit may justice ginsburg delivered opinion burt lancaster convicted michigan state murder related firearm offense time crime committed michigan intermediate appellate repeatedly recognized diminished capacity defense negating mens rea element murder time lancaster trial conviction however michigan people carpenter rejected defense lancaster asserts retroactive application michigan decision carpenter denied due process law habeas review federal must assess claim relief demanding standard set antiterrorism effective death penalty act aedpa standard lancaster may gain relief decision assails contrary involved unreasonable application clearly established federal law determined hold lancaster petition meet aedpa requirement appeals sixth circuit erred granting federal habeas relief april lancaster former police officer long history severe problems shot killed girlfriend parking lot jury trial michigan state lancaster admitted killed girlfriend asserted insanity defenses michigan appeals precedent defendant pleaded diminished capacity although legally sane offer evidence mental abnormality negate specific intent required commit particular crime carpenter defendant succeeded showing mental illness prevented form ing specific state mind required essential element crime convicted lower grade offense requiring particular mental element ibid internal quotation marks omitted apparently unpersuaded lancaster defenses jury convicted murder violation comp laws ann west possessing firearm commission felony violation west cum supp lancaster later obtained federal habeas relief convictions however conflict batson kentucky prosecutor exercised peremptory challenge remove potential juror see lancaster adams lancaster retried time michigan disapproved series michigan appeals decisions recognizing defense carpenter rejecting defense michigan high observed michigan legislature enacted comprehensive statutory scheme concerning defenses based either mental illness mental retardation scheme michigan concluded demonstrate legislature intent preclude use evidence defendant lack mental capacity short legal insanity avoid reduce criminal responsibility ibid although murder lancaster charged occurred several years michigan decision carpenter judge presiding lancaster second trial applied carpenter holding therefore disallowed renewal lancaster defense following bench trial lancaster convicted trial imposed sentence life imprisonment murder conviction consecutive sentence related firearm offense lancaster appealed unsuccessfully michigan appeals see app pet cert appeals rejected lancaster argument retroactive application carpenter case violated right due process ue process concerns prevent retroactive application judicial decisions cases acknowledged especially decision unforeseeable effect changing existing law app pet cert carpenter involve change law appeals reasoned concerned unambiguous statute interpreted michigan first time app pet cert michigan declined review lancaster reasserted due process claim federal habeas petition filed district denied petition supp ed granted certificate appealability see divided panel sixth circuit reversed michigan decision carpenter unforeseeable appeals majority concluded given michigan appeals consistent recognition defense michigan repeated references defense without casting shadow doubt inclusion defense michigan state bar pattern jury instructions considerations persuaded sixth circuit majority rejecting lancaster due process claim michigan appeals unreasonably applied clearly established federal law accordingly sixth circuit ruled lancaster entitled new trial present defense dissenting chief judge batchelder concluded michigan appeals denial lancaster due process claim reasonable defense michigan elimination therefore foreseeable granted certiorari ii obtain federal habeas relief aedpa strictures lancaster must establish rejecting due process claim michigan appeals unreasonably applied federal law clearly established decisions see standard explained difficult meet obtain habeas corpus relief federal state prisoner must show challenged ruling rested error well understood comprehended existing law beyond possibility fairminded disagreement harrington richter slip determine whether lancaster satisfied demanding standard consider first two key decisions bouie city columbia rogers tennessee consider whether michigan appeals decision qualifies unreasonable application decisions particular circumstances lancaster bouie petitioners convicted trespass south carolina law refused comply orders leave drug store restaurant department facility reserved white customers held convictions violated due process requirement criminal statute give fair warning conduct prohibits state statute petitioners convicted emphasized prohibited entry upon lands another notice owner tenant prohibiting entry emphasis added internal quotation marks omitted undisputed petitioners invited enter store received notice barred restaurant area occupied booth seats nevertheless south carolina affirmed petitioners convictions based prior decision charleston mitchell bouie mitchell decision south carolina found dispositive rendered months petitioners arrest mitchell held trespass statute petitioners convicted reached unauthorized entries proscribed well act remaining premises another receiving notice leave held due process clause prohibited mitchell retroactive application bouie petitioners ruling stressed mitchell interpretation south carolina trespass statute clearly variance statutory language ha slightest support prior south carolina decisions due process said countenance unforeseeable retroactive judicial expansion narrow precise statutory language rogers petitioner contested tennessee retroactive abolition year day rule rule barred murder conviction unless victim died defendant act within year day act ibid victim rogers died months petitioner stabbed held tennessee refusal adhere year day rule petitioner case violate due process due process limitations retroactive application judicial decisions explained coextensive limitations placed legislatures constitution ex post facto clauses see also art cl cl calder bull dall seriatim opinion chase describing four categories laws prohibited constitution ex post facto clauses strictly applying ex post facto principles judicial decisionmaking recognized place unworkable unacceptable restraint normal judicial processes incompatible resolution uncertainty marks evolving legal system rogers udicial alteration common law doctrine criminal law therefore held violates principle fair warning hence must given retroactive effect alteration indefensible reference law expressed prior conduct issue quoting bouie judged standard explained retroactive abolition year day rule encountered constitutional impediment first rule widely viewed outdated relic common law legislatively judicially abolished vast majority jurisdictions recently addressed issue rogers second rule tenuous foothold tennessee mentioned reported tennessee decisions three times time dicta abolishing obsolete rule rogers case satisfied sort unfair arbitrary judicial action due process clause aims protect michigan appeals rejection lancaster due process claim represent unreasonable application law declared bouie rogers addressing question first summarize history defense michigan michigan appeals first recognized defense people lynch app see carpenter defendant lynch convicted murder starving newborn daughter mich appeal defendant challenged trial exclusion psychiatric testimony bearing state mind sought introduce evidence show legally insane time child instead plea lacked mens rea necessary commit murder ibid reversing defendant conviction remanding new trial michigan appeals rejected view mental capacity nothing matter insanity negates criminal intent aligning majority view permitted defendants present relevant psychiatric testimony bearing intent see also noting medical proof sometimes called proof diminished partial responsibility two years michigan appeals decision lynch michigan legislature enacted comprehensive statutory scheme setting forth requirements effects asserting defense based either mental illness mental retardation carpenter see also pub acts pp legislation remained effect time april shooting issue provided person legally insane result mental illness mental retardation person lacks substantial capacity either appreciate wrongfulness conduct conform conduct requirements law codified amended comp laws ann west legislature required defendants felony cases notify prosecution least days trial intent assert insanity defense pub acts codified amended defendants raising insanity defense legislature provided must submit psychiatric examination codified amended act also introduced verdict guilty mentally ill defendants suffer mental illness satisfy legal definition insanity codified amended west cum supp legislature provided psychiatric evaluation treatment defendants found guilty mentally ill exempt sentencing provisions applicable defendants without mental illness codified amended although act specifically address defense diminished capacity michigan appeals ruled defense comes within th codified definition legal insanity people mangiapane app therefore held defendant claiming lacked mental capacity entertain specific intent required element crime charged comply statutory procedural requirements applicable insanity defenses including requirements pretrial notice submission examination ibid act indicate party bears burden proof issue insanity michigan courts continued apply framework effect time insanity defense codification see people mcrunels app framework criminal defendant bore initial burden presenting evidence insanity point burden shifted prosecution prove defendant sanity beyond reasonable doubt see certified question people savoie michigan appeals applied framework defense see people denton app however michigan legislature amended comp laws ann statute codifying insanity defense provide defendant bears burden proving defense insanity preponderance evidence pub acts codified carpenter defendant argued trial erred applying act require establish defense preponderance evidence rejecting contention michigan appeals affirmed defendant convictions see people carpenter wl july per curiam consistent decision mangiapane held statutory amendments applied defendants raising defense held requiring defendants establish diminished capacity preponderance evidence unconstitutionally relieve prosecution burden prove mens rea elements crime beyond reasonable doubt turn michigan also affirmed entirely different ground earlier stated see supra concluded case criminal defendants invoke defense defense encompassed within comprehensive statutory scheme michigan legislature enacted govern defenses based mental illness retardation carpenter noting previously acknowledged passing concept diminished capacity defense michigan high emphasized never specifically authorized use defense michigan courts squarely addressing issue first time concluded defense incompatible michigan legislature conclusiv determin ation circumstances mental incapacity serve basis relieving defendant criminal responsibility statutory scheme enacted michigan legislature held created nothing insanity defense ibid cf supra defendant mentally ill retarded yet legally insane explained may found mentally ill legislature foreclosed use evidence mental incapacity short insanity avoid reduce criminal responsibility negating specific intent michigan appeals concluded applying carpenter retroactively lancaster case violate due process carpenter concerned unambiguous statute interpreted michigan first time app pet cert earlier michigan appeals decisions indicate see supra bearing legislation defense may apparent light precedent history recounted see part supra michigan appeals decision applying carpenter retroactively warrant disapprobation unreasonable application clearly established ederal law case far cry bouie unlike rogers held retroactive application judicial decision violated due process bouie south carolina unexpectedly expanded narrow precise statutory language written reach petitioners conduct carpenter contrast michigan rejected defense reasonably found home comprehensive statute enacted michigan legislature carpenter thus presents inverse situation confronted bouie rather broadening statute narrow face carpenter disapproved lower precedent recognizing defense michigan high found close inspection lack statutory grounding situation confronted bouie bears scant resemblance case resolution controversy hardly makes disallowance lancaster defense unreasonable reading law hand sixth circuit recognized see lancaster argument applying carpenter retroactively arguably less weak argument opposing retroactivity rejected rogers unlike year day rule issue rogers defense outdated relic common law widely rejected modern courts legislators contrary model penal code sets version defense see ali model penal code pp evidence defendant suffered mental disease defect admissible whenever relevant prove defendant state mind element see also comment institute perceived justification limitation evidence may bear significantly determination mental state defendant time commission long shooting issue american bar association approved guidelines favored admissibility evidence offered negate mens rea reported majority allowed presentation evidence least circumstances see aba criminal justice mental health standards commentary pp see also clark arizona kennedy dissenting reporting substantial majority permitted introduction evidence negate mens rea furthermore year day rule mentioned three times dicta tennessee reported decisions rogers defense contrast adhered repeatedly michigan appeals see supra also michigan decisions reflected michigan state bar pattern jury instructions quoting carpenter considerations however hardly sufficient warrant federal habeas relief demanding standard see williams taylor unreasonable application federal law different incorrect application federal rogers hold newly announced judicial rule may applied retroactively rule replaces outdated relic rarely appearing jurisdiction case law distinguishing rogers case rejected due process claim thus little bolster lancaster argument michigan appeals decision unreasonably applied clearly established federal law see williams phrase clearly established ederal law refers holdings decisions time relevant decision emphasis added never found due process violation circumstances remotely resembling lancaster case state squarely addressing particular issue first time rejected consistent line lower decisions based reasonable interpretation language controlling statute fairminded jurists conclude state decision order unexpected indefensible reference existing law rogers internal quotation marks omitted lancaster therefore entitled federal habeas relief due process claim reasons stated judgment appeals sixth circuit reversed footnotes relevant homicide constitutes murder comp laws ann wil ful deliberate premeditated title provides state prisoner habeas claim adjudicated merits state federal may grant relief respect claim unless state adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined resulted decision based unreasonable determination facts light evidence presented state proceeding lancaster allege michigan appeals decision based unreasonable determination facts case develop argument state decision contrary precedents see williams taylor decision contrary clearly established federal law state arrives conclusion opposite reached question law state decides case differently set materially indistinguishable facts question case therefore whether michigan appeals unreasonably applied clearly established ederal law determined lancaster argue michigan rejection defense people carpenter applied prospectively defendants whose alleged offenses committed decision issued violate constitutional provision see clark arizona rejecting due process challenge arizona restrictions capacity evidence offered negate mens rea therefore address whether michigan appeals unreasonably applied clearly established federal law upholding carpenter retroactive application lancaster case time lynch michigan courts used test insanity derived michigan decision people durfee durfee test asked whether defendant knew right wrong power power resist wrongful act people martin see also carpenter carpenter cited three decisions michigan previously mentioned defense people lloyd per curiam held defense counsel constitutionally ineffective presenting defense rather insanity defense people pickens rejected defendant claim attorney rendered ineffective assistance failing pursue defense people griffin per curiam summary order remanding case trial hearing defendant claim defendant attorney ineffective failing explore defenses diminished capacity insanity see carpenter see also describing additional michigan decisions mention defense acknowledging michigan squarely address validity defense decision carpenter app brief respondent citing eight michigan decisions mentioning defense