Editor's Note :

Editor's Note :

On Wednesday the Court hears oral arguments in Gobeille v. Liberty Mutual Insurance Company. Ronald Mann previewed the case for us.

Beard v. Kindler

Docket No. Op. Below Argument Opinion Vote Author Term
08-992 3d Cir. 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.

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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