Editor's Note :

At 9:30 a.m. on Monday, May 20 we expect orders from the May 16 Conference. We expect opinions in argued cases at 10 a.m. We will begin live blogging shortly before 9:30.

Beard v. Kindler

Docket No. Op. Below Argument Opinion Vote Author Term
08-992 3d Cir. Nov 2, 2009
Tr.
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 “inadequate” merely because state court judges have discretion whether to apply or ignore it.

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.

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