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Beard v. Kindler, No. 08-992

In a capital habeas matter involving whether Pennsylvania's fugitive forfeiture rule provided an adequate basis to bar federal habeas review of petitioner's claims, grant of his habeas petition is vacated and remanded where a state procedural rule is not automatically "inadequate" under the adequate state ground doctrine (and therefore unenforceable on federal habeas review) because the state rule was discretionary rather than mandatory.

Read Beard v. Kindler, No. 08-992

Appellate Information

Argued November 2, 2009

Decided December 8, 2009


Opinion by Chief Justice Roberts

Concurrence by Justice Kennedy