Circuit Splits Reported in U.S. Law Week—December 2021

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Criminal Law

Case:

Burr v. Jackson, 2021 BL 455971 (Article)

Issue:

How should federal appeals courts address new evidence discovered while hearing a habeas corpus petition for a state case already adjudicated on the merits? The Sixth Circuit evaluates the new evidence de novo, but the Ninth Circuit evaluates it only to determine if, combined with the old materials, it presents a meritorious claim that will be remanded. The Fourth Circuit says the outcome of the case before it would be the same under either ...