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Beard v. Kindler

Docket No.08-992
Op. Below3d Circuit
ArgumentFeb 11, 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 John Roberts on Aug 12, 2009. Justice Kennedy filed a concurring opinion, in which Justice Thomas joined. Justice Alito took no part in the case.

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