Circuit split · criminal procedure
Whether the new rule announced in Crawford v. Washington applies retroactively to cases on collateral review under the Teague v. Lane framework
2 federal appellate cases on this question, each acknowledging the disagreement in its own words.
- Fulcher v. Motley444 F3D 791
Sixth Circuit Court of Appeals · April 18, 2006
“The Circuit Split Several circuit courts of appeal have addressed the retroactivity of Crawford.” — Acknowledges a circuit split
Empirical analysis of this case → - In re Rutherford437 F3D 1125
Eleventh Circuit Court of Appeals · January 30, 2006
“Rutherford acknowledges that there is a split among the circuits about whether the Crawford decision is retroactively applicable under the Teague v.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
28 U.S.C. § 2244 — Finality of determination
“(a) No circuit or district judge shall be required to entertain an application for a writ of habeas corpus to inquire into the detention of a person pursuant to a judgment of a court of the United States if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus, except as provided in section 2255. (b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Declined to follow · 2d Cir.Mungo v. Duncan393 F.3d 327
- Declined to follow · 7th Cir.Bintz v. Bertrand403 F.3d 859
- Declined to follow · 10th Cir.Brown v. Uphoff381 F.3d 1219
What the split turns on
- Anchor precedents:
- Crawford v. Washington541 U.S. 36
- Doctrines & tests:
- Teague v. Lane framework ·
- watershed rule of criminal procedure
- Constitutional provisions:
- Eighth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.