UH Law Library's Blog

November 2, 2009

Death Row Case in U.S. Supreme Court Today

Filed under: Electronic Resources — Tags: , , — uhlawlibrary @ 10:00 am

The Supreme Court heard oral argument today in Beard v. Kindler (08-992).  Joseph Kindler Kindler was convicted and sentenced to death in 1983 for the brutal murder of a witness who was scheduled to testify against him in a burglary trial.   He escaped twice from a Pennsylvania prison.  A Pennsylvania state court held, and the state supreme court agreed, that Kindler waived his right to appeal when he fled.  But the Third Circuit disagreed and affirmed the district court’s grant of habeas relief.

The Court will consider when state courts have resolved an inmate’s claims on “adequate grounds” such that federal courts may not review that inmate’s habeas claims.  Is a state procedural default rule like Pennsylvania’s “inadequate” solely because it is discretionary?

Read about the case on SCOTUSblog (Supreme Court of the United States blog).  The briefs and other filings in the case are available on ScotusWiki.

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