Beard v. Kindler
The SCOTUS handed down Beard v. Kindler today. StandDown notes:
The Supreme Court has ruled in the unusual Pennsylvania case. The AP reports, “Supreme Court tells lower courts to reconsider death penalty for Kindler,” via the Los Angeles Times.
The Supreme Court will let lower courts consider reinstating a death sentence for a convicted murderer who twice escaped from prison after being found guilty of killing a man who was planning to testify against him.
The high court overturned a lower court decision throwing out the death sentence against Joseph Kindler for killing one-time accomplice David Bernstein in 1982.
The 3rd U.S. Circuit Court of Appeals had said Kindler’s lawyer was ineffective and also found problems with the jury instructions.
State courts had never decided on Kindler’s claims. Instead, those courts said Kindler forfeited the right to be heard on those issues because of his escapes.
Chief Justice John Roberts said the state court decision has to be considered by the federal courts.
The ruling is here; the ScotusWiki file, here. Earlier coverage of the case is here. Lyle Denniston will post a report at SCOTUS Blog, following this morning’s oral arguments at the Court.
Wednesday, 9. December 2009 14:11
This is a pretty big loss for the anti-DP side. Most Courts of Appeals will get the message and will be less likely to find a way around a procedural default argument. And this decision was unanimous.