Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Beard v. Kindler

Docket No. Op. Below Argument Opinion Vote Author Term
08-992 3d Cir. Nov 2, 2009
Tr.
Dec 8, 2009 8-0 Roberts OT 2009

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 Chief Justice John Roberts on December 8, 2009. Justice Kennedy filed a concurring opinion, in which Justice Thomas joined. Justice Alito took no part in the case.

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-stage documents

 
Share:
Term Snapshot
Awards