Fugitive Disentitlement

SCOTUS Finds that Pennsylvania’s Fugitive Disentitlement Rule is a Valid State Procedural Default Rule

On Tuesday, the United States Supreme Court decided Beard v. Kindler , Supreme Court No. 08-992. Chief Justice Roberts authored the opinion of the Court; Justice Kennedy concurred, joined by Justice Thomas.  Justice Alito (formerly from the Third Circuit) took no part in this case. The case dealt with whether Pennsylvania’s discretionary fugitive disentitlement rule was an independent and adequate state basis for the dismissal. The Court ruled that it was. Read More...