Tag Archives: Appellate Procedure

Justice Sotomayor References Rarely Used Procedure: Circuit Certification to U.S. Supreme Court

Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. United States, 770 F. App’x 741.  Justice Kavanaugh, the Sixth Circuit’s assigned circuit justice, attached a “statement” to the Supreme Court’s cert. denial to highlight a circuit split that Avery implicated and to note … Continue Reading

As Debate Rages Over Reducing Federal Appellate Brief Limit To 13,000 Words, A Circuit Court Dismisses An Appeal For Failing To Comply With The Current 14,000 Word Limit

The Advisory Committee on Appellate Rules (the federal judiciary’s policymaking  body) has proposed amendments to Rules 5, 21, 27, 28.1, 32, 35, and 40 of the Federal Rules of Appellate Procedure that would reduce the length of various filings in the Circuit Courts.  As we covered back in February, the proposal garnering the most attention … Continue Reading

Ohio State Law Journal releases first-ever issue of Sixth Circuit Review

With its first issue published yesterday, the Ohio State Law Journal’s new Sixth Circuit Review  is meant to be a “digital public square” for discussion of Sixth Circuit cases and longer-term circuit trends.  The new online-only publication invites all—whether practitioners, academics, judges or students—to contribute articles that are both practical and scholarly, as well as to … Continue Reading
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