Beard v. Kindler — Kennedy, J., Concurring

Summary

Justice Kennedy, joined by Justice Thomas, concurred in vacating and remanding the case while questioning the Third Circuit's difficulty accepting Pennsylvania's procedural-bar ruling. The concurrence reasoned that the adequate-state-ground doctrine should not prevent federal courts from respecting a state procedural rule forfeiting postverdict motions after a defendant escapes, particularly where there was no justified reliance or apparent effort to evade federal constitutional requirements. Justice Kennedy, concurring, would permit states to develop and apply procedural rules in response to novel circumstances without requiring every detail to have been previously established.