October 7, 2009
Procedural Default Through Fleeing the Jurisdiction
Kent Scheidegger at Crime and Consequences comments on Beard v. Kindler, scheduled for argument before the Court on November 2. His view of the case:
It is common in that the federal court cavalierly brushed aside the state default rule as "inadequate" with its own inadequate analysis of that issue. The case is unusual, though, in that the default is not some omission by defendant's lawyer in arguing his case but rather defendant's own action in escaping from custody and fleeing to Canada.
ScotusWiki has briefs and the opinion below here.