OPINION OF THE COURT
BEARD V. KINDLER
558 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 08-992
JEFFREY A. BEARD, SECRETARY, PENNSYLVANIA
DEPARTMENT OF CORRECTIONS, et al., PETITIONERS
v. JOSEPH
J. KINDLER
on writ of certiorari to the united states court of
appeals for the third circuit
[December 8, 2009]
Chief Justice Roberts delivered
the opinion of the Court.
A federal habeas court will not
review a claim rejected by a state court “if the decision of [the
state] court rests on a state law ground that is independent of the
federal question and adequate to support the judgment.”
Coleman v.
Thompson,
501 U. S. 722, 729
(1991). We granted certiorari to decide the following question: “Is
a state procedural rule automatically ‘inadequate’ under the
adequate-state-grounds doctrine—and therefore unenforceable on
federal habeas corpus review—because the state rule is
discretionary rather than mandatory?” Pet. for Cert. i. Petitioners
argue the correct answer is “no.” At oral argument,
respondent—consistent with his position below—expressly agreed. We
do too, and accordingly vacate the judgment of the Court of
Appeals.
I
In 1982, Joseph Kindler, along
with Scott Shaw and David Bernstein, burglarized a music store in
Bucks County, Pennsylvania. Police stopped the getaway car and
arrested Shaw and Bernstein. In a harbinger of things to come,
Kindler escaped.
Commonwealth v.
Kindler, 536 Pa.
228, 236, 639 A. 2d 1, 5, cert. denied,
513 U. S. 933 (1994).
Police later arrested Kindler and
charged him with burglary. He was released on bail. Bernstein
agreed to testify against Kindler, but Kindler had other plans. At
about 2:30 a.m. on July 25, 1982, Kindler and Shaw attacked
Bernstein outside his apartment. Kindler beat Bernstein with a
baseball bat approximately 20 times, and Shaw shocked Bernstein 5
times with an electric prod. Bernstein at that point was still
alive but unable to move, and Kindler and Shaw dragged their victim
to their nearby car, loaded him in the trunk, and drove to the
Delaware River. At the river, Kindler tied a cinder block around
Bernstein’s neck and dumped him in the water. A forensic examiner
later determined that Bernstein died of drowning and massive head
injuries. 536 Pa., at 236–239, 639 A. 2d
, at 5–6.
Kindler was brought to trial and convicted of
capital murder. The jury recommended a death sentence, and Kindler
filed postverdict motions.
Id., at 230–231, 639
A. 2d, at 2.
But on September 19, 1984, before the trial
court could consider the motions or the jury’s death
recommendation, Kindler escaped.
Ibid. In an organized
effort to saw through the external prison bars with smuggled tools,
Kindler broke out of the maximum-security wing of the prison and
headed for Canada. See
Commonwealth v.
Kindler,
554 Pa. 513, 517–518, and n. 4, 722 A. 2d 143, 145, and
n. 4 (1998).
Kindler remained a fugitive in Canada until
April 26, 1985, when he was arrested in Quebec for separate
burglary offenses. The United States sought Kindler’s return, but
an extradition treaty allowed Canada to refuse to hand over anyone
likely to face execution. See
Kindler v.
Canada
(Minister of Justice), [1991] 2 S. C. R. 779.
Kindler turned into something of a local
celebrity. He even appeared on Canadian television, explaining,
among other things, how he had escaped and why he chose Canada: “I
knew there was no death penalty here.” CTV National News: Joseph
Kindler’s Fate Unresolved (Canadian television broadcast Sept. 22,
1985) (videos available in Clerk of Court’s case file). Canadian
authorities ultimately acquiesced to overtures from the United
States and agreed to extradite Kindler.
Kindler,
supra, at 231, 639 A. 2d, at 2.
But before Kindler could be transferred from
Canadian custody, he escaped again. On the night of October 23,
1986, Kindler broke through a skylight on the 13th floor of the
jail (his fellow inmates had hoisted him up to the skylight 15 feet
above the floor) and escaped to the roof, where he stood 175 feet
above ground. Armed with 13 stories’ worth of bedsheets tied
together, Kindler safely rappelled down the side of the jail. (A
fellow escapee was not as lucky—the sheets ripped on his way down,
causing him to fall 50 feet to his death.)
Kindler, 554
Pa., at 517–519, 722 A. 2d, at 145.
This time, Kindler remained on the lam for
more than two years, until he was featured on the popular
television show, “America’s Most Wanted.” Characterizing Kindler as
“an above average criminal” and “a chess player who understands
when to make his move,” the show asked viewers for information to
help capture him.
America’s Most Wanted, Sept. 4, 1988,
Season 1, Episode 30, at 10:01. Several viewers recognized Kindler
and notified Canadian authorities, who arrested him in September
1988. 554 Pa., at 519, 722 A. 2d, at 145.
Kindler again fought extradition. On September
16, 1991, after three years of litigation, the Supreme Court of
Canada rejected Kindler’s efforts. See
Kindler, 2 S. C. R.
779. That same day, Canadian officials extradited Kindler to the
United States.
Kindler v.
Horn, 291 F. Supp.
2d 323, 334 (ED Pa. 2003).
In the meantime, in 1984, the Pennsylvania
trial court had dismissed Kindler’s postverdict motions because of
his original escape. Once back in the United States, Kindler filed
a motion to reinstate those challenges to his conviction and
sentence. The trial court denied the reinstatement motion, holding
that the trial court judge who had dismissed the postverdict
motions in 1984 had not abused his discretion. In October 1991—more
than seven years after the jury’s death recommendation—the court
formally imposed the death sentence.
Commonwealth v.
Kindler, No. 2747 etc. (Pa. Ct. Common Pleas, Feb. 28,
1992), App. 66–70.
Kindler appealed, arguing that the trial court
erred in declining to address the merits of his postverdict
motions. The Pennsylvania Supreme Court affirmed.
Kindler,
536 Pa., at 232–234, 639 A. 2d, at 3. That court recognized
that “trial courts, when faced with a defendant in fugitive status,
. . . have every right to fashion an appropriate response[,] which
can include the dismissal of pending post-verdict motions.”
Id., at 233, 639 A. 2d, at 3. The court then
determined that the trial court’s decision to dismiss Kindler’s
claims fell within its authority: The “dismiss[al] [of] the
post-verdict motions was a reasonable response to Appellant’s
‘flouting’ of the authority of the court.”
Id., at
233–234, 639 A. 2d, at 3. Under Pennsylvania’s fugitive
forfeiture law, the court concluded, Kindler’s case therefore came
to it “without any allegations of error (direct or collateral)
preserved.”
Id., at 234, 639 A. 2d, at 4.
The Pennsylvania Supreme Court nonetheless
conducted the “limited review” mandated for death sentences under
Pennsylvania law. Under that review, the court was required to
confirm that the evidence was sufficient to support the conviction
of first-degree murder and at least one aggravating factor, and
that the sentence was not excessive, disproportionate, or the
product of passion or prejudice.
Id., at 234–235, 639
A. 2d, at 4. Satisfied that Kindler’s conviction met these
standards, the court affirmed his conviction and sentence. We
denied certiorari.
Kindler v.
Pennsylvania,
513 U. S. 933 (1994).
On state habeas, the Court of Common Pleas
rejected Kindler’s claims. That court held that the Pennsylvania
Supreme Court had already ruled that Kindler’s escape forfeited all
claims challenging his conviction and sentence that Kindler may
once have been entitled to bring.
Commonwealth v.
Kindler, No. 2747 etc. (July 23, 1997), App. 183, 187–188.
The Pennsylvania Supreme Court affirmed.
Kindler, 554 Pa.,
at 514, 722 A. 2d, at 143.
Kindler then sought federal habeas relief. The
District Court determined that the fugitive forfeiture rule did not
provide an adequate basis to bar federal review of Kindler’s habeas
claims. 291 F. Supp. 2d, at 340–343. The District Court then
proceeded to address the merits, granting Kindler’s petition on the
grounds that he was sentenced based on jury instructions that were
unconstitutional under
Mills v.
Maryland,
486 U. S. 367
(1988), and that the prosecutor improperly introduced an
aggravating factor at sentencing. 291 F. Supp. 2d, at 346–351,
357–358. The court rejected Kindler’s ineffective assistance of
counsel claim.
Id., at 356.
The Third Circuit affirmed. That court began
by recognizing that “[a] procedural rule that is consistently
applied in the vast majority of cases is adequate to bar federal
habeas review even if state courts are willing to occasionally
overlook it and review the merits of a claim for relief where the
rule would otherwise apply.”
Kindler v.
Horn, 542
F. 3d 70, 79 (2008). The Court of Appeals then considered the
Pennsylvania fugitive forfeiture rule in place at the time of
Kindler’s first escape: “Pennsylvania courts had discretion to hear
an appeal filed by a fugitive who had been returned to custody
before an appeal was initiated or dismissed… . Accordingly,
the fugitive forfeiture rule was not ‘firmly established’ and
therefore was not an independent and adequate procedural rule
sufficient to bar review of the merits of a habeas petition in
federal court.”
Ibid. (citing
Doctor v.
Walters, 96 F. 3d 675, 684–686 (CA3 1996)). The court
thus determined that “the state trial court still had discretion to
reinstate his post-verdict motions. Accordingly, we conclude that,
under
Doctor, Pennsylvania’s fugitive waiver law did not
preclude the district court from reviewing the merits of the claims
raised in Kindler’s habeas petition.” 542 F. 3d, at 80.
Turning to the merits, the Court of Appeals disagreed with the
District Court on the improper aggravating factor claim, but held
that Kindler was entitled to relief based on his
Mills and
ineffective assistance of counsel claims. 542 F. 3d
,
at 80–87.
The Commonwealth petitioned for certiorari,
arguing that the Court of Appeals’ determination that state
discretionary rules are automatically inadequate conflicted with
the holdings of other Courts of Appeals and warranted this Court’s
review. Pet. for Cert. 6–11. Kindler countered that the
Commonwealth had mischaracterized the Third Circuit’s holding.
Relying on the court’s citation of the
Doctor opinion,
Kindler argued that the Third Circuit did not hold that
discretionary state rules are automatically inadequate; rather the
court determined that the state courts applied “a
new and
different rule from that in existence at the time of the
alleged default.” Brief in Opposition 3. It was that new rule,
Kindler maintained, that the Third Circuit found inadequate.
Ibid.
We granted the Commonwealth’s petition for
certiorari. 556 U. S. ___ (2009). That petition asks us to decide
whether discretionary procedural rulings are automatically
inadequate to bar federal court review on habeas.
II
The question whether a state
procedural ruling is adequate is itself a question of federal law.
Lee v.
Kemna,
534 U. S. 362, 375
(2002). We have framed the adequacy inquiry by asking whether the
state rule in question was “ ‘firmly established and regularly
followed.’ ”
Id., at 376 (quoting
James v.
Kentucky,
466 U. S. 341, 348
(1984)).
We hold that a discretionary
state procedural rule can serve as an adequate ground to bar
federal habeas review. Nothing inherent in such a rule renders it
inadequate for purposes of the adequate state ground doctrine. To
the contrary, a discretionary rule can be “firmly established” and
“regularly followed”—even if the appropriate exercise of discretion
may permit consideration of a federal claim in some cases but not
others. See Meltzer, State Court Forfeitures of Federal Rights, 99
Harv. L. Rev. 1128, 1140 (1986) (“[R]efusals to exercise
discretion do not form an important independent category under the
inadequate state ground doctrine”).
A contrary holding would pose an unnecessary
dilemma for the States: States could preserve flexibility by
granting courts discretion to excuse procedural errors, but only at
the cost of undermining the finality of state court judgments. Or
States could preserve the finality of their judgments by
withholding such discretion, but only at the cost of precluding any
flexibility in applying the rules.
We are told that, if forced to choose, many
States would opt for mandatory rules to avoid the high costs that
come with plenary federal review. See,
e.g., Brief for
State of California et al. as
Amici Curiae 19; Brief
for Criminal Justice Legal Foundation as
Amicus Curiae 14.
That would be unfortunate in many cases, as discretionary rules are
often desirable. In some circumstances, for example, the factors
facing trial courts “are so numerous, variable and subtle that the
fashioning of rigid rules would be more likely to impair [the trial
judge’s] ability to deal fairly with a particular problem than to
lead to a just result.”
United States v.
McCoy,
517 F. 2d 41, 44 (CA7) (Stevens, J.), cert. denied,
423 U. S. 895 (1975);
see also Friendly, Indiscretion About Discretion, 31 Emory
L. J. 747, 760–761 (1982). The result would be particularly
unfortunate for criminal defendants, who would lose the opportunity
to argue that a procedural default should be excused through the
exercise of judicial discretion. See
Henry v.
Mississippi,
379 U. S. 443, 463,
n. 3 (1965) (Harlan, J., dissenting) (“If, in order to
insulate its decisions from reversal by this Court, a state court
must strip itself of the discretionary power to differentiate
between different sets of circumstances, the [adequate state
ground] rule operates in a most perverse way”).
It is perhaps unsurprising, then, that the
federal system often grants broad discretion to the trial judge
when his ringside perspective at the “ ‘main event’ ”
offers him a comparative advantage in decisionmaking.
Wainwright v.
Sykes,
433 U. S. 72, 90 (1977);
cf.
United States v.
Poynter, 495 F. 3d 349,
351–352 (CA6 2007). The States seem to value discretionary rules as
much as the Federal Government does. See Brief for State of
California et al. as
Amici Curiae 16–17 (citing
various state discretionary procedural rules). In light of the
federalism and comity concerns that motivate the adequate state
ground doctrine in the habeas context, see
Coleman, 501 U.
S., at 730, it would seem particularly strange to disregard state
procedural rules that are substantially similar to those to which
we give full force in our own courts. Cf.
Francis v.
Henderson,
425 U. S. 536, 541–542
(1976). Even stranger to do so with respect to rules in place in
nearly every State, and all at one fell swoop.
We take our holding in this case to be
uncontroversial—so uncontroversial, in fact, that both parties
agreed to the point before this Court. See Tr. of Oral Arg. 29–31.
Rather than defending the question on which we granted
certiorari—whether discretionary rules are automatically
inadequate—Kindler argues that the Pennsylvania courts did not
apply a discretionary rule at all, but instead applied a new rule
mandating dismissal. Such a mandatory dismissal, Kindler contends,
constituted a break from past discretionary practice, and thus does
not provide an adequate state ground to bar his federal claims. We
leave it to the Court of Appeals to address that argument, and any
others Kindler may have preserved, on remand.
For its part, the Commonwealth urges us not
only to reject a
per se rule about discretionary
rulings, but also to undertake “[a] new effort to state a standard
for inadequacy.” Brief for Petitioners 25.
Amici
supporting the Commonwealth join in that request. See Brief for
Criminal Justice Legal Foundation as
Amicus Curiae 6–10.
We decline that invitation as well. The procedural default at issue
here—escape from prison—is hardly a typical procedural default,
making this case an unsuitable vehicle for providing broad guidance
on the adequate state ground doctrine.
If our holding in this case is narrow, it is
because the question we granted certiorari to decide is narrow.
Answering that question is sufficient unto the day.
The judgment of the Court of Appeals for the
Third Circuit is vacated, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
Justice Alito took no part in the
consideration or decision of this case.
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