Lonchar v. Thomas

Summary

Justice Breyer, joined by Justices Stevens, O'Connor, Souter, and Ginsburg, held that courts may not dismiss a first federal habeas petition for generalized equitable reasons outside governing statutes, Habeas Corpus Rules, and settled precedents. Rule 9(a), including its prejudice requirement, governs dismissal for delay. When a first petition cannot properly be dismissed before execution, a court must grant a stay necessary to preserve review. Lonchar's motives and the earlier next-friend proceedings did not justify departing from that framework. The Court vacated the Court of Appeals' judgment and remanded without deciding the remaining grounds for dismissal. Chief Justice Rehnquist, joined by Justices Scalia, Kennedy, and Thomas, concurred in the judgment. He agreed that dismissal was not justified but maintained that abusive delay or manipulation could independently justify denying a stay; he favored reconsideration because the assessment of Lonchar's conduct improperly counted the next-friend proceedings against him.