Decided
Beard v. Kindler
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.
Merits Briefs
- Brief for Petitioner Jeffrey A. Beard, Secretary of Pennsylvania Department of Corrections
- Brief for Respondent Joseph J. Kindler
- Reply Brief for Petitioner Jeffrey A. Beard, Secretary of Pennsylvania Department of Corrections
Amicus Briefs
- Brief for the Criminal Justice Legal Foundation in Support of Petitioner
- Brief for the States of California, Arizona, Colorado, Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin in Support of Petitioner
[##CERT-STAGE##]
Nov 21, 2008Application (08A467) to extend the time to file a petition for a writ of certiorari from December 2, 2008 to January 31, 2009, submitted to Justice Souter.
Nov 26, 2008Application (08A467) granted by Justice Souter extending the time to file until January 31, 2009.
Feb 2, 2009Petition for a writ of certiorari filed. (Response due March 6, 2009)
Mar 4, 2009Order extending time to file response to petition to and including April 6, 2009.
Apr 1, 2009Order further extending time to file response to petition to and including April 16, 2009.
Apr 16, 2009Brief of respondent Joseph J. Kindler in opposition filed.
Apr 16, 2009Motion for leave to proceed in forma pauperis filed by respondent.
Apr 20, 2009Form 4 affidavit of indigency filed. (Distributed).
Apr 28, 2009DISTRIBUTED for Conference of May 14, 2009.
May 8, 2009Reply of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed. (Distributed)
May 18, 2009Motion for leave to proceed in forma pauperis filed by respondent GRANTED. Justice Alito took no part in the consideration or decision of this motion.
May 18, 2009Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Jun 17, 2009The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including July 24, 2009.
Jul 24, 2009Joint appendix filed. (Jt. Appendix in two volumes) (Statement of costs received.)
Jul 24, 2009Brief of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed.
Jul 31, 2009Brief amici curiae of California, et al. filed.
Jul 31, 2009Brief amicus curiae of Criminal Justice Legal Foundation filed.
Aug 12, 2009The time within which to file respondent's brief on the merits is extended to and including August 31, 2009.
Aug 17, 2009SET FOR ARGUMENT ON Monday, November 2, 2009.
Aug 17, 2009CIRCULATED.
Aug 31, 2009Record received from the U.S.C.A. for the 3rd Circuit. (1 box)
Aug 31, 2009Brief of respondent Joseph J. Kindler filed. (Distributed)
Sep 17, 2009Application (09A285) for an extension of time within which to file petitioners' reply brief on the merits, submitted to Justice Sotomayor (Justice Alito recused).
Sep 25, 2009Application (09A285) granted by Justice Sotomayor for an extension of time within which to file petitioners' reply brief on the merits to and including October 6, 2009.
Oct 5, 2009Letter from counsel for the petitioners received.
Oct 6, 2009Reply of petitioners Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al. filed. (Distributed)
Nov 2, 2009Argued. For petitioners: Ronald Eisenberg, Deputy District Attorney, Philadelphia, PA. For respondent: Matthew C. Lawry, Philadelphia, Pa.
Dec 8, 2009Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case. Kennedy, J., filed a concurring opinion, in which Thomas, J., joined.
Jan 11, 2010JUDGMENT ISSUED.
Recommended Citation: Beard v. Kindler, SCOTUSblog, https://www.scotusblog.com/cases/beard-v-kindler/