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Kindler, Again

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The Kindler case, previously noted here, is featured as SCOTUSblog's petition of the week.  In phrasing the issue, SCOTUSblog's writer appears to take the habeas petitioner's and Court of Appeals' view of a disputed question.  As phrased by the State, the question presented is:

Where a state supreme court explicitly holds that escape constitutes a forfeiture of appellate rights and that recapture provides no basis for reinstatement, and a defendant shortly thereafter breaks out of prison, escapes to a foreign country, and remains a fugitive there for years, is the state's fugitive forfeiture rule "inadequate" on the ground that it allegedly "broke from" past decisions?
Keep an eye on this one for "relists."  If it gets relisted more than once, I'd bet on summary reversal.

1 Comment

Simply put, this case apotheosizes why federal courts simply need to be out of the business of reviewing state death sentences. The idea that the state (and the victims) have to tolerate the indignity of a capital murderer escaping and having a federal court ignore its ruling dismissing the appeal is just too much.

The Third Circuit judges have earned a rebuke, and the Supreme Court has a responsibility to give it. I actually hope SCOTUS grants cert. Oral argument would be priceless.

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