Beard v. Kindler
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Nov 2, 2009
|Dec 8, 2009||8-0||Roberts||OT 2009|
Holding: A defendant convicted in state court cannot challenge his conviction in a federal habeas corpus petition if there is an independent and adequate basis in state law for rejecting his claims for example, if the defendant missed a deadline created by state law. The Supreme Court ruled that state law is not inadequatemerely because state court judges have discretion whether to apply or ignore it.
Plain English Summary:
Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice John Roberts on December 8, 2009. Justice Kennedy filed a concurring opinion, in which Justice Thomas joined. Justice Alito took no part in the case.
- A Question of Federalism Fades (Erin Miller)
- When Can States Preclude Federal Habeas Review? (Erin Miller)
Briefs and Documents
- Brief for Petitioner Jeffrey A. Beard, Secretary of Pennsylvania Department of Corrections
- Brief for Respondent Joseph J. Kindler
- Reply Brief for Petitioner Jeffrey A. Beard, Secretary of Pennsylvania Department of Corrections
- Brief for the Criminal Justice Legal Foundation in Support of Petitioner
- Brief for the States of California, Arizona, Colorado, Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin in Support of Petitioner