Beard v. Kindler

Supreme Court of the United States · 2009 · Federal Courts

Federal CourtsHabeas CorpusAdequate and Independent State GroundsProcedural Defaultadequate state groundindependent and adequate state groundfederal habeasprocedural default

Facts

Kindler was convicted of capital murder in Pennsylvania, the jury recommended death, and he filed postverdict motions challenging his conviction and sentence. Before the trial court could decide those motions, he escaped from prison and fled to Canada; the trial court then dismissed his postverdict motions because of the escape. After later escapes, extradition, and return to the United States, Kindler sought reinstatement of his postverdict motions, but the trial court denied relief and the Pennsylvania Supreme Court held that dismissal was a reasonable response under Pennsylvania's fugitive forfeiture law. In federal habeas proceedings, the lower federal courts held that the state rule was not an adequate bar because it was discretionary.

Issue

Is a state procedural rule automatically inadequate under the adequate state ground doctrine, and therefore unenforceable on federal habeas review, simply because the rule is discretionary rather than mandatory?

Rule

A discretionary state procedural rule can serve as an adequate state ground barring federal habeas review. The adequacy question is one of federal law, and a rule is not automatically inadequate merely because it permits judicial discretion; a discretionary rule may still be firmly established and regularly followed.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Ohio, a state rule permits trial judges to dismiss pending posttrial motions when a convicted defendant absconds before sentencing, though judges sometimes excuse the default when the defendant quickly returns to custody. After his motions were dismissed under that rule, Darren Pike filed a federal habeas petition arguing that the state ground cannot bar review because the rule is discretionary.

How should the federal habeas court rule on Darren's argument?

Explanation. The majority held that a state procedural rule is not automatically inadequate simply because it is discretionary rather than mandatory. The proper inquiry is not whether the rule allows discretion, but whether the rule is firmly established and regularly followed. So Darren's per se argument fails.