Beard v. Kindler (2009)
- Docket
- 08-992
- Decided
- 2009-01-01
Summary
Question: Under the adequate-state-ground doctrine, does a state procedural rule like Pennsylvania's fugitive waiver rule preclude federal habeas corpus review even though the state procedural rule is discretionary? Conclusion: Maybe. The Supreme Court vacated the decision of the Third Circuit holding that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas corpus review. With Chief Justice John G. Roberts writing for the majority, the Court reasoned that to hold otherwise would pose an unnecessary dilemma for the states: "States could preserve flexibility by granting courts discretion to excuse procedural rules, but only at the cost of undermining the finality of state court judgments. Or States could preserve the finality of their judgments by withholding such discretion, but only at the cost of precluding any flexibility in applying the rules." Justice Anthony M. Kennedy, joined by Justice Clarence Thomas, wrote a separate concurring opinion. He noted that while the Court did not have the opportunity to address the matter, "[i]n a proper case," "[i]t seems most doubtful that this Court can or should require federal courts to disregard a state procedural ground that was not in all respects explicit before the case when it was first announced, absent a showing of a purpose or pattern to evade constitutional guarantees."