Law360 (October 13, 2026, 11:11 AM EDT) -- The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

This question itself is the subject of a circuit split, according to petitioner Corey Berry, who is challenging his conviction for using a gun during an attempted carjacking.

The Antiterrorism and Effective Death Penalty Act of 1996 bars appeals of federal habeas decisions unless a circuit judge or justice issues a certificate of appealability, which requires a "substantial showing" that the prisoner has been denied a constitutional right.

In Berry's case, he argued that the Eleventh Circuit denied him a certificate of appealability based on binding circuit precedent concerning a burden-of-proof issue. However, that precedent is the subject of a circuit split, he argued.

Berry asked the high court whether circuit courts should grant certificates of appealability when the issue the prisoner seeks to raise on appeal has been resolved against him by binding circuit precedent but has been resolved in his favor by another circuit.

Berry is represented by Hector Dopico, Andrew Adler, and Janice Bergmann of the Federal Public Defender's Office.

The government is represented by John Sauer of the U.S. Department of Justice.

The case is Corey Duran Berry v. U.S., case number 25-7026, in the Supreme Court of the United States.

--Editing by Nicole Bleier.

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