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Beard Vs. Kindler
Cites for this judgment
- US Supreme Court
- Dec 07, 2009
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Syllabus October Term, 2009 Beard V. KindlerSearch
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than mandatory. The question whether a state procedural ruling is adequate is itself a question of federal law. Lee v. KemnaSearch
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in place in nearly every State and are substantially similar to those given full force in federal courts. Cf. Francis v. HendersonSearch
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or decision of the case. Kennedy, J., filed a concurring opinion, in which Thomas, J., joined. Beard v. KindlerSearch
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Opinion of the Court Beard V. KindlerSearch
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States No. 08-992 Jeffrey a. Beard, Secretary, Pennsylvania Department of Corrections, Et Al., Petitioners V. JosephSearch
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the getaway car and arrested Shaw and Bernstein. In a harbinger of things to come, Kindler escaped. Commonwealth v. KindlerSearch
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smuggled tools, Kindler broke out of the maximum-security wing of the prison and headed for Canada. See Commonwealth v. KindlerSearch
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s return, but an extradition treaty allowed Canada to refuse to hand over anyone likely to face execution. See Kindler v. CanadaSearch
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See Kindler , 2 S. C. R. 779. That same day, Canadian officials extradited Kindler to the United States. Kindler v. HornSearch
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the court formally imposed the death sentence. Commonwealth v. KindlerSearch
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s conviction met these standards, the court affirmed his conviction and sentence. We denied certiorari. Kindler v. PennsylvaniaSearch
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all claims challenging his conviction and sentence that Kindler may once have been entitled to bring. Commonwealth v. KindlerSearch
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s petition on the grounds that he was sentenced based on jury instructions that were unconstitutional under Mills v. MarylandSearch
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Kindler v. HornSearch
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Ibid . (citing Doctor v. WaltersSearch
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II The question whether a state procedural ruling is adequate is itself a question of federal law. Lee v. KemnaSearch
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Id ., at 376 (quoting James v. KentuckySearch
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to argue that a procedural default should be excused through the exercise of judicial discretion. See Henry v. MississippiSearch
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offers him a comparative advantage in decisionmaking. Wainwright v. SykesSearch
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cf. United States v. PoynterSearch
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procedural rules that are substantially similar to those to which we give full force in our own courts. Cf. Francis v. HendersonSearch
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It is so ordered. Justice Alito took no part in the consideration or decision of this case. Beard v. KindlerSearch
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Kennedy, J., Concurring Beard V. KindlerSearch
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state ground, federal courts show proper respect for state courts and avoid rendering advisory opinions. Michigan v. LongSearch
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requirements will be imposed for the purpose of evading compliance with a federal standard. See, e.g., NAACP v. AlabamaSearch
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Ortega-Rodriguez v. UnitedSearch
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United States finds necessary and appropriate for the elaboration of its own procedural rules. See, e.g., Smith v. UnitedSearch
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Lee v. KemnaSearch
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Cf. Francis v. HendersonSearch
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Petitioners V. JosephSearch
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Commonwealth v. KindlerSearch
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Canada. See Commonwealth v. KindlerSearch
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See Kindler v. CanadaSearch
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the United States. Kindler v. HornSearch
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Kindler v. PennsylvaniaSearch
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Mills v. MarylandSearch
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Doctor v. WaltersSearch
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James v. KentuckySearch
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See Henry v. MississippiSearch
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Wainwright v. SykesSearch
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United States v. PoynterSearch
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Michigan v. LongSearch
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Smith v. UnitedSearch
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