Beard v. Kindler, 558 U.S. 53 (2009). · Go Syfert
Beard v. Kindler, 558 U.S. 53 (2009). Cases Citing This Book View Copy Cite
Quick Summary

A discretionary state procedural rule serves as an adequate ground to bar federal habeas review.

After a defendant escaped from prison, a state court dismissed his postverdict motions pursuant to a discretionary fugitive forfeiture rule. The defendant later sought federal habeas relief, but the state court's decision to bar his claims based on the forfeiture rule was deemed inadequate for federal review because the rule was discretionary rather than mandatory. The Supreme Court holds that a state procedural rule is not automatically inadequate under the adequate state ground doctrine simply because it is discretionary. A discretionary rule can be firmly established and regularly followed, even if the exercise of discretion allows for different outcomes in different cases, and thus can serve as an adequate ground to bar federal habeas review.

1,296 citation events (1,296 in the last 25 years) across 61 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
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Cited for
At page 60 Determining adequacy of discretionary state procedural rules122 citing cases“firmly established and regularly followed”8 citing courts quote it · 121 listed here
  • Callahan, No. 2:22-cv-01824 (E.D. Pa. Feb. 27, 2026).
    (Appellant's argument in this respect is fatally underdeveloped, as it includes no analysis or application of authority in support of his contention as required by Pa.R.A.P. 2119(b).)
  • Gonzalez v. Lois Russo, No. 1:16-cv-10218 (D. Mass. Sept. 18, 2019).
    (We hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review)
  • Ferrell v. Wall, 862 F. Supp. 2d 88 (D.R.I. 2012).published 2 cites
    Supreme Court “did not regularly and consistently enforce th[ese] procedural default rule[s], then it would not, for federal habeas purposes, constitute an adequate and independent state ground.” Gunter, 291 F.3d at 79 ; see also Hathorn v…
  • Jenkins, No. 3:16-cv-01064 (N.D. Ohio Sept. 22, 2026).
    Beard v. Kindler, 558 U.S. 53, 60-61 (2009).5 A petitioner also may procedurally default a claim by failing to raise the claim in state court and pursue it through the state’s “ordinary appellate review procedures,” if, at the time of the…
  • Holt, No. 2:20-cv-01416 (W.D. Pa. Sept. 9, 2026).
    See, e.g., Castille v. Peoples, 489 U.S. 346, 351 (1989); Doctor v. Walters, 96 F.3d 675, 678 (3d Cir. 1996) (abrogated on other grounds by Beard v. Kindler, 558 U.S. 53, 60-61 (2009)); Burkett v. Love, 89 F.3d 135, 137 (3d Cir. 1996).
  • Lowery, No. 2:23-cv-01013 (W.D. Pa. June 4, 2026).
    See, e.g., Castille v. Peoples, 489 U.S. 346, 351 (1989); Doctor v. Walters, 96 F.3d 675, 678 (3d Cir. 1996) (abrogated on other grounds by Beard v. Kindler, 558 U.S. 53, 60-61 (2009)); Burkett v. Love, 89 F.3d 135 , 137 Gd Cir. 1996).
  • Scot Lee Stockwell v. David Wolfsgruber, No. 1:25-cv-02970 (D. Colo. May 13, 2026).
    “was firmly established and regularly followed”
  • Jarvis, No. 4:25-cv-01240 (N.D. Ohio Apr. 27, 2026).
    Beard v. Kindler, 558 U.S. 53, 60-61 (2009).
  • Jones, No. 5:25-cv-00098 (N.D. Ohio Mar. 19, 2026).
    Beard v. Kindler, 558 U.S. 53, 60-61 (2009) (quoting Lee v. Kemna, 534 U.S. 362, 376 (2002)).
  • Dowling, No. 3:15-cv-00220 (M.D. Pa. Feb. 26, 2026). 2 cites
    Whether a state court’s procedural ruling is adequate to bar federal review is “itself a question of federal law.” Cruz v. Arizona, 598 U.S. 17, 26 (quoting Beard v. Kindler, 558 U.S. 53, 60 (2009)).
Show 111 more citing cases
At page 55 Review of federal claims barred by state procedural rules55 citing cases“a federal habeas court will not review a claim rejected by a state court 'if the decision of the state court rests on a state law ground that is independent of the federal question and adequate to support the judgment.”12 citing courts quote it · 54 listed here
  • Carter v. Slatery, No. 3:20-cv-00483 (M.D. Tenn. Apr. 8, 2024).
    ([A] federal court may not review federal claims that were procedurally defaulted in state court—that is, claims that the state court denied based on an adequate and independent state procedural rule.)
  • Carter v. Slatery, No. 3:20-cv-00483 (M.D. Tenn. Aug. 29, 2023).
    ([A] federal court may not review federal claims that were procedurally defaulted in state court—that is, claims that the state court denied based on an adequate and independent state procedural rule.)
  • (HC) Martinez-Costa v. Pallares, No. 2:19-cv-02597 (E.D. Cal. Dec. 17, 2021).
    (Procedural 13 bar issues are not infrequently more complex than the merits issues presented by the appeal, so it 14 may well make sense in some instances to proceed to the merits if the result will be the same)
  • Feliciano v. Lee, No. 1:18-cv-09591, 2020 WL 5076865 (S.D.N.Y. Aug. 26, 2020).
    (Absent a showing of cause and prejudice, it is settled law that an independent and adequate state law ground for a state court conviction cannot be disturbed on habeas.)
  • (HC) Vasquez v. Spearman, No. 2:18-cv-00073 (E.D. Cal. Apr. 24, 2020).
    (Procedural bar issues are not infrequently more complex than the merits 23 issues presented by the appeal, so it may well make sense in some instances to proceed to the 24 merits if the result will be the same)
  • Hall, No. 1:24-cv-04647 (E.D.N.Y. July 23, 2026).
    (Under the independent and adequate state ground doctrine, federal courts ‘will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent…)
  • Capra, No. 1:22-cv-10754 (S.D.N.Y. July 15, 2026).
    “A federal habeas court will not review a claim rejected by a state court ‘if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgment.’” Walker v. Marti…
  • Wingo, No. 2:24-cv-14377 (S.D. Fla. Mar. 27, 2026).
    (A federal habeas court will not review a claim rejected by a state court ‘if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgmen…)
  • Asher-butler v. Edwards, No. 1:24-cv-01253 (S.D. Ind. Sept. 3, 2025).
    The independent-and-adequate-state-ground doctrine bars a federal court from reviewing "federal claims that were procedurally defaulted in state court—that is, claims that the state court denied based on an adequate and independent state p…
  • Jones v. Miller, No. 9:22-cv-01203 (N.D.N.Y. May 5, 2025).
    Procedural Bar It is "well established that federal courts will not review questions of federal law presented in a habeas petition when the state court's decision rests upon a state-law ground that 'is independent of the federal question a…
Show 44 more citing cases
At page 61 Evaluating adequacy of discretionary state procedural bars36 citing cases“the appropriate exercise of discretion may permit consideration of a federal claim in some cases but not others.”35 citing courts quote it · 35 listed here
  • Douglas, No. 1:24-cv-00391 (D. Idaho Mar. 9, 2026).
    “the appropriate exercise of discretion may permit consideration of a federal claim in some cases but not others”
  • Branigh, No. 1:24-cv-00247 (D. Idaho Feb. 4, 2026).
    “the appropriate exercise of discretion may permit consideration of a federal claim in some cases but not others”
  • Capone v. Tewalt, No. 1:24-cv-00236 (D. Idaho Sept. 23, 2025).
    “the appropriate exercise of discretion may permit consideration of a federal claim in some cases but not others”
  • Cary Williams v. Timothy Filson, 908 F.3d 546 (9th Cir. 2018).published
  • Cairns v. Mcginley, No. 2:19-cv-05351, 2023 WL 5432498 (E.D. Pa. Aug. 23, 2023).
  • Hubbard v. Lebo, No. 2:17-cv-02452, 2020 WL 5753199 (W.D. Tenn. Sept. 25, 2020).
  • Benson v. State of Tenn., No. 2:19-cv-02236 (W.D. Tenn. Aug. 31, 2021).
  • Dockery v. Washburn, No. 2:18-cv-02374 (W.D. Tenn. Sept. 14, 2021).
  • Winn v. Washburn, No. 2:18-cv-02426 (W.D. Tenn. Sept. 30, 2021).
  • Valentine v. Phillips, No. 2:18-cv-02430 (W.D. Tenn. Sept. 23, 2021).
Show 25 more citing cases
At page 54 Considering discretionary state procedural rules in habeas review8 citing cases
130 S. Ct. at 617 Framing the adequacy inquiry regarding state court rules7 citing casesWe have framed the adequacy inquiry by asking whether the state court rule in question was firmly established and regularly followed ...1 citing court put it this way
  • Ferrell v. Wall, 862 F. Supp. 2d 88 (D.R.I. 2012).published 2 cites
    (We have framed the adequacy inquiry by asking whether the state court rule in question was firmly established and regularly followed ...)
  • Payne, No. 3:23-cv-00635 (M.D. Fla. Sept. 21, 2026).
    See, e.g., Walker v. Martin, 562 U.S. --, --, 131 S. Ct. 1120, 1127-1128, 179 L.Ed.2d 62 (2011); Beard v. Kindler, 558 U.S. --, --, 130 S. Ct. 612, 617-18, 175 L.Ed.2d 417 (2009).
  • Stone v. Moore, 644 F.3d 342 (6th Cir. 2011).published
  • Gendron v. State of Florida, No. 5:18-cv-00165 (M.D. Fla. Sept. 10, 2021).
  • Flowers v. Sec'y, Dep't of Corr., No. 5:18-cv-00315 (M.D. Fla. Sept. 13, 2021).
  • Queen v. Sec'y, No. 3:19-cv-01477 (M.D. Fla. Jan. 12, 2023).
  • Aguirre v. Sec'y, Dep't of Corr., No. 5:19-cv-00565 (M.D. Fla. Feb. 6, 2023).
130 S. Ct. at 618 Discretionary state rules as adequate ground for habeas review5 citing casesWe hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review.1 citing court put it this way
  • Bunton v. Atherton, 613 F.3d 973 (10th Cir. 2010).published
    (We hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review.)
  • Mcclain, No. 2:25-cv-01465 (W.D. Pa. Oct. 7, 2025).
    See, e.g., Castille v. Peoples, 489 U.S. 346, 351 (1989); Doctor v. Walters, 96 F.3d 675, 678 (3d Cir. 1996) (abrogated on other grounds by Beard v. Kindler, 130 S. Ct. 612, 618 (2009)); Burkett _v. Love, 89 F.3d 135, 137 (Gd Cir. 1996).
  • Downs v. Lape, 657 F.3d 97 (2d Cir. 2011).published
  • Mendoza v. Koenig, No. 3:21-cv-05045 (N.D. Cal. Dec. 23, 2022).
  • Juan Hill v. Howard Carlton, 399 F. App'x 38 (6th Cir. 2010).unpublished
At page 65 Allowing state procedural rules to develop case law5 citing cases4 listed here
At page 53 Applying adequate state ground doctrine to habeas review3 citing cases
At page 59 “the question whether a state procedural ruling is adequate is itself a question of federal law.”2 citing cases4 citing courts quote it
  • Johnson v. Bracy, No. 1:17-cv-02624 (N.D. Ohio Oct. 21, 2019).
    “a discretionary rule can serve as an adequate ground to bar federal habeas review.”
  • Robert Fratta v. Lorie Davis, 889 F.3d 225 (5th Cir. 2018).published 3 cites
    “we hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review.”
a discretionary rule can serve as an adequate ground to bar federal habeas review.no pin page on record · 2 citing cases listed
  • Johnson v. Bracy, No. 1:17-cv-02624 (N.D. Ohio Oct. 21, 2019).
    (a discretionary rule can serve as an adequate ground to bar federal habeas review.)
  • Robert Fratta v. Lorie Davis, 889 F.3d 225 (5th Cir. 2018).published 3 cites
    (We hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review.)
In light of . . . federalism and comity concerns. . . it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.no pin page on record · 2 citing cases listed
  • Shady Grove Orthopedic Assocs., P. A. v. Allstate Ins., 559 U.S. 393 (2010).published 4 cites
    (In light of . . . federalism and comity concerns . . . it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.)
  • Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011).published 4 cites
    (In light of . . . federalism and comity concerns. . . it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.)
At page 62 In light of . . . federalism and comity concerns ... it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.2 citing cases2 citing courts put it this way
  • Shady Grove Orthopedic Assocs., P. A. v. Allstate Ins., 559 U.S. 393 (2010).published 4 cites
    (In light of . . . federalism and comity concerns ... it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.)
  • Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011).published 4 cites
    “in light of . . . federalism and comity concerns. . . it would seem particularly strange to disregard state . . . rules that are substantially similar to those to which we give full force in our own courts.”
130 S. Ct. at 614 A federal habeas court will not review a claim rejected by a state court if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgment.1 citing case1 citing court put it this way
  • Knighton, No. 9:23-cv-01012 (N.D.N.Y. Aug. 20, 2026). 2 cites
    (A federal habeas court will not review a claim rejected by a state court if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgment…)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Et Al.
v.
KINDLER
08-992.
Supreme Court of the United States.
Dec 8, 2009.
Published opinion
558 U.S. 53
2009 U.S. LEXIS 8944
Ronald Eisenberg argued the cause for petitioners. With him on the briefs were Thomas W. Dolgenos and Lynne Abraham., Matthew C. Lawry argued the cause for respondent. With him on the brief were Leigh Skipper, Jennifer L. Givens, and Billy H. Nolas*
Roberts, Auto, Kennedy, Thomas, Alito.
Cited by 577 opinions  |  Published
5 passages pin-cited by 4 cases
Pinpoint authority: #30,278 of 633,719
Citer courts: Third Circuit (4) · Ninth Circuit (4) · Fifth Circuit (3) · Supreme Court (3) · N.D. Ohio (1)

Lead Opinion

[*55] Chief Justice Roberts

delivered the opinion of the Court.

A federal habeas court will not review a claim rejected by a state court “if the decision of [the state] court rests on a state law ground that is independent of the federal question and adequate to support the judgment.” Coleman v. Thompson, 501 U. S. 722, 729 (1991). We granted certiorari to decide the following question: “Is a state procedural rule automatically ‘inadequate’ under the adequate-state-grounds doctrine — and therefore unenforceable on federal habeas corpus review — because the state rule is discretionary rather than mandatory?” Pet. for Cert. i. Petitioners argue the correct answer is “no.” At oral argument, respondent — consistent with his position below — expressly agreed. We do too, and accordingly vacate the judgment of the Court of Appeals.

I

In 1982, Joseph Kindler, along with Scott Shaw and David Bernstein, burglarized a music store in Bucks County, Pennsylvania. Police stopped the getaway car and arrested Shaw and Bernstein. In a harbinger of things to come, Kindler escaped. Commonwealth v. Kindler, 536 Pa. 228, 236, 639 A. 2d 1, 5, cert. denied, 513 U. S. 933 (1994).

[*56] Police later arrested Kindler and charged him with burglary. He was released on bail. Bernstein agreed to testify against Kindler, but Kindler had other plans. At about 2:30 a.m. on July 25, 1982, Kindler and Shaw attacked Bernstein outside his apartment. Kindler beat Bernstein with a baseball bat approximately 20 times, and Shaw shocked Bernstein 5 times with an electric prod. Bernstein at that point was still alive but unable to move, and Kindler and Shaw dragged their victim to their nearby car, loaded him in the trunk, and drove to the Delaware River. At the river, Kindler tied a cinder block around Bernstein’s neck and dumped him in the water. A forensic examiner later determined that Bernstein died of drowning and massive head injuries. 536 Pa., at 236-239, 639 A. 2d, at 5-6.

Kindler was brought to trial and convicted of capital murder. The jury recommended a death sentence, and Kindler filed postverdict motions. Id., at 230-231, 639 A. 2d, at 2.

But on September 19, 1984, before the trial court could consider the motions or the jury’s death recommendation, Kindler escaped. Ibid. In an organized effort to saw through the external prison bars with smuggled tools, Kindler broke out of the maximum-security wing of the prison and headed for Canada. See Commonwealth v. Kindler, 554 Pa. 513, 517-518, and n. 4, 722 A. 2d 143, 145, and n. 4 (1998).

Kindler remained a fugitive in Canada until April 26,1985, when he was arrested in Quebec for separate burglary offenses. The United States sought Kindler’s return, but an extradition treaty allowed Canada to refuse to hand over anyone likely to face execution. See Kindler v. Canada (Minister of Justice), [1991] 2 S. C. R. 779, 84 D. L. R. (4th) 438.

Kindler turned into something of a local celebrity. He even appeared on Canadian television, explaining, among other things, how he had escaped and why he chose Canada: “I knew there was no death penalty here.” CTV National News: Joseph Kindler’s Fate Unresolved (Canadian televi[*57]sion broadcast Sept. 22, 1985) (videos available in Clerk of Court’s ease file). Canadian authorities ultimately acquiesced to overtures from the United States and agreed to extradite Kindler. Kindler, 536 Pa., at 231, 639 A. 2d, at 2.

But before Kindler could be transferred from Canadian custody, he escaped again. On the night of October 23, 1986, Kindler broke through a skylight on the 13th floor of the jail (his fellow inmates had hoisted him up to the skylight 15 feet above the floor) and escaped to the roof, where he stood 175 feet above ground. Armed with 13 stories’ worth of bedsheets tied together, Kindler safely rappelled down the side of the jail. (A fellow escapee was not as lucky — the sheets ripped on his way down, causing him to fall 50 feet to his death.) Kindler, 554 Pa., at 517-519, 722 A. 2d, at 145.

This time, Kindler remained on the lam for nearly two years, until he was featured on the popular television show, “America’s Most Wanted.” Characterizing Kindler as “an above average criminal” and “a chess player who understands when to make his move,” the show asked viewers for information to help capture him. America’s Most Wanted, Sept. 4, 1988, Season 1, Episode 30, at 10:01. Several viewers recognized Kindler and notified Canadian authorities, who arrested him in September 1988. 554 Pa., at 519, 722 A. 2d, at 145.

Kindler again fought extradition. On September 16,1991, after three years of litigation, the Supreme Court of Canada rejected Kindler’s efforts. See Kindler, [1991] 2 S. C. R. 779, 84 D. L. R. (4th) 438. That same day, Canadian officials extradited Kindler to the United States. Kindler v. Horn, 291 F. Supp. 2d 323, 334 (ED Pa. 2003).

In the meantime, in 1984, the Pennsylvania trial court had dismissed Kindler’s postverdict motions because of his original escape. Once back in the United States, Kindler filed a motion to reinstate those challenges to his conviction and sentence. The trial court denied the reinstatement motion, holding that the trial court judge who had dismissed the[*58] postverdict motions in 1984 had not abused his discretion. In October 1991 — more than seven years after the jury’s death recommendation — the court formally imposed the death sentence. Commonwealth v. Kindler, No. 2747 etc. (Ct. Common Pleas, Feb. 28, 1992), App. 66-70.

Kindler appealed, arguing that the trial court erred in declining to address the merits of his postverdict motions. The Pennsylvania Supreme Court affirmed. Kindler, 536 Pa., at 232-234, 639 A. 2d, at 3. That court recognized that “trial courts, when faced with a defendant in fugitive status, . . . have every right to fashion an appropriate response[,] which can include the dismissal of pending post-verdict motions.” Id., at 233, 639 A. 2d, at 3. The court then determined that the trial court’s decision to dismiss Kindler’s claims fell within its authority: The “dismiss[al] [of] the post-verdict motions was a reasonable response to Appellant’s 'flouting’ of the authority of the court.” Id., at 233-234, 639 A. 2d, at 3. Under Pennsylvania’s fugitive forfeiture law, the court concluded, Kindler’s case therefore came to it “without any allegations of error (direct or collateral) preserved.” Id., at 234, 639 A. 2d, at 4.

The Pennsylvania Supreme Court nonetheless conducted the “limited review” mandated for death sentences under Pennsylvania law. Under that review, the court was required to confirm that the evidence was sufficient to support the conviction of first-degree murder and at least one aggravating factor, and that the sentence was not excessive, disproportionate, or the product of passion or prejudice. Id., at 234-235, 639 A. 2d, at 4. Satisfied that Kindler’s conviction met these standards, the court affirmed his conviction and sentence. We denied certiorari. Kindler v. Pennsylvania, 513 U. S. 933 (1994).

On state habeas, the Court of Common Pleas rejected Kindler’s claims. That court held that the Pennsylvania Supreme Court had already ruled that Kindler’s escape forfeited all claims challenging his conviction and sentence that[*59] Kindler may once have been entitled to bring. Commonwealth v. Kindler, No. 2747 etc. (July 23, 1997), App. 183, 187-188. The Pennsylvania Supreme Court affirmed. Kindler, 554 Pa., at 514, 722 A. 2d, at 143.

Kindler then sought federal habeas relief. The District Court determined that the fugitive forfeiture rule did not provide an adequate basis to bar federal review of Kindler’s habeas claims. 291 F. Supp. 2d, at 340-343. The District Court then proceeded to address the merits, granting Kindler’s petition on the grounds that he was sentenced based on jury instructions that were unconstitutional under Mills v. Maryland, 486 U. S. 367 (1988), and that the prosecutor improperly introduced an aggravating factor at sentencing. 291 F. Supp. 2d, at 346-351, 357-358. The court rejected Kindler’s ineffective assistance of counsel claim. Id., at 356.

The Third Circuit affirmed. That court began by recognizing that “[a] procedural rule that is consistently applied in the vast majority of cases is adequate to bar federal habeas review even if state courts are willing to occasionally overlook it and review the merits of a claim for relief where the rule would otherwise apply.” Kindler v. Horn, 542 F. 3d 70, 79 (2008). The Court of Appeals then considered the Pennsylvania fugitive forfeiture rule in place at the time of Kindler’s first escape: “Pennsylvania courts had discretion to hear an appeal filed by a fugitive who had been returned to custody before an appeal was initiated or dismissed. . . . Accordingly, the fugitive forfeiture rule was not 'firmly established’ and therefore was not an independent and adequate procedural rule sufficient to bar review of the merits of a habeas petitio[n] in federal court.” Ibid, (citing Doctor v. Walters, 96 F. 3d 675, 684-686 (CA3 1996)). The court thus determined that “the state trial court still had discretion to reinstate his post-verdict motions. Accordingly, we conclude that, under Doctor, Pennsylvania’s fugitive waiver law did not preclude the district court from reviewing the merits of the claims raised in Kindler’s habeas petition.”[*60] 542 F. 3d, at 80. Turning to the merits, the Court of Appeals disagreed with the District Court on the improper aggravating factor claim, but held that Kindler was entitled to relief based on his Mills and ineffective assistance of counsel claims. 542 F. 3d, at 80-87.

The Commonwealth petitioned for certiorari, arguing that the Court of Appeals’ determination that state discretionary rules are automatically inadequate conflicted, with the holdings of other Courts of Appeals and warranted this Court’s review. Pet. for Cert. 6-11. Kindler countered that the Commonwealth had miseharacterized the Third Circuit’s holding. Relying on the court’s citation of the Doctor opinion, Kindler argued that the Third Circuit did not hold that discretionary state rules are automatically inadequate; rather the court determined that the state courts applied “a new and different rule from that in existence at the time of the alleged default.” Brief in Opposition 3. It was that new rule, Kindler maintained, that the Third Circuit found inadequate. Ibid.

We granted the Commonwealth’s petition for certiorari. 556 U. S. 1234 (2009). That petition asks us to decide whether discretionary procedural rulings are automatically inadequate to bar federal court review on habeas.

II

The question whether a state procedural ruling is adequate is itself a question of federal law. Lee v. Kemna, 534 U. S. 362, 375 (2002). We have framed the adequacy inquiry by asking whether the state rule in question was “ ‘firmly established and regularly followed.’” Id., at 376 (quoting James v. Kentucky, 466 U. S. 341, 348 (1984)).

We hold that a discretionary state procedural rule can serve as an adequate ground to bar federal habeas review. Nothing inherent in such a rule renders it inadequate for purposes of the adequate state ground doctrine. To the contrary, a discretionary rule can be “firmly established”[*61] and “regularly followed” — even if the appropriate exercise of discretion may permit consideration of a federal claim in some cases but not others. See Meltzer, State Court Forfeitures of Federal Rights, 99 Harv. L. Rev. 1128, 1140 (1986) (“[R]efusals to exercise discretion do not form an important independent category under the inadequate state ground doctrine”).

A contrary holding would pose an unnecessary dilemma for the States: States could preserve flexibility by granting courts discretion to excuse procedural errors, but only at the cost of undermining the finality of state court judgments. Or States could preserve the finality of their judgments by withholding such discretion, but only at the cost of precluding any flexibility in applying the rules.

We are told that, if forced to choose, many States would opt for mandatory rules to avoid the high costs that come with plenary federal review. See, e. g., Brief for State of California et al. as Amici Curiae 19; Brief for Criminal Justice Legal Foundation as Amicus Curiae 14. That would be unfortunate in many cases, as discretionary rules are often desirable. In some circumstances, for example, the factors facing trial courts “are so numerous, variable and subtle that the fashioning of rigid rules would be more likely to impair [the trial judge’s] ability to deal fairly with a particular problem than to lead to a just result.” United States v. McCoy, 517 F. 2d 41, 44 (CA7) (Stevens, J.), cert. denied, 423 U. S. 895 (1975); see also Friendly, Indiscretion About Discretion, 31 Emory L. J. 747, 760-761 (1982). The result would be particularly unfortunate for criminal defendants, who would lose the opportunity to argue that a procedural default should be excused through the exercise of judicial discretion. See Henry v. Mississippi, 379 U. S. 443, 463, n. 3 (1965) (Harlan, J., dissenting) (“If, in order to insulate its decisions from reversal by this Court, a state court must strip itself of the discretionary power to differentiate between different sets[*62] of circumstances, the [adequate state ground] rule operates in a most perverse way”).

It is perhaps unsurprising, then, that the federal system often grants broad discretion to the trial judge when his ringside perspective at the “‘main event’” offers him a comparative advantage in decisionmaking. Wainwright v. Sykes, 433 U. S. 72, 90 (1977); cf. United States v. Poynter, 495 F. 3d 349, 351-352 (CA6 2007). The States seem to value discretionary rules as much as the Federal Government does. See Brief for State of California et al. as Amici Curiae 16-17 (citing various state discretionary procedural rules). In light of the federalism and comity concerns that motivate the adequate state ground doctrine in the habeas context, see Coleman, 501 U. S., at 730, it would seem particularly strange to disregard state procedural rules that are substantially similar to those to which we give full force in our own courts. Cf. Francis v. Henderson, 425 U. S. 536, 541-542 (1976). Even stranger to do so with respect to rules in place in nearly every State, and all at one fell swoop.

We take our holding in this case to be uncontroversial — so uncontroversial, in fact, that both parties agreed to the point before this Court. See Tr. of Oral Arg. 29-31. Rather than defending the question on which we granted certiorari— whether discretionary rules are automatically inadequate— Kindler argues that the Pennsylvania courts did not apply a discretionary rule at all, but instead applied a new rule mandating dismissal. Such a mandatory dismissal, Kindler contends, constituted a break from past discretionary practice, and thus does not provide an adequate state ground to bar his federal claims. We leave it to the Court of Appeals to address that argument, and any others Kindler may have preserved, on remand.

For its part, the Commonwealth urges us not only to reject a per se rule about discretionary rulings, but also to undertake “[a] new effort to state a standard for inadequacy.” Brief for Petitioners 25. Amici supporting the Common[*63]wealth join in that request. See Brief for Criminal Justice Legal Foundation as Amicus Curiae 6-10. We decline that invitation as well. The procedural default at issue here— escape from prison — is hardly a typical procedural default, making this case an unsuitable vehicle for providing broad guidance on the adequate state ground doctrine.

If our holding in this case is narrow, it is because the question we granted certiorari to decide is narrow. Answering that question is sufficient unto the day.

The judgment of the Court of Appeals for the Third Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Alito took no part in the consideration or decision of this case.

Concurrence

Justice Kennedy,

with whom Justice Thomas joins, concurring.

Due consideration of the phrasing in the question presented and of the arguments and concessions by counsel leads to the conclusion that this case should be vacated and remanded, and I join the Court's opinion. The apparent difficulty the Court of Appeals for the Third Circuit found in accepting the Supreme Court of Pennsylvania’s procedural bar conclusion, however, invites this further comment.

The adequate state ground doctrine cannot be applied without consideration of the purposes it is designed to serve. By refraining from deciding cases that rest on an adequate and independent state ground, federal courts show proper respect for state courts and avoid rendering advisory opinions. Michigan v. Long, 463 U. S. 1032, 1040 (1983). The claimed adequate and independent state ground at issue in this case is a state procedural rule. We have not allowed state courts to bar review of federal claims by invoking new procedural rules without adequate notice to litigants who, in[*64] asserting their federal rights, have in good faith complied with existing state procedural law. “Novelty in procedural requirements cannot be permitted to thwart review in this Court applied for by those who, in justified reliance upon prior decisions, seek vindication in state courts of their federal constitutional rights.” NAACP v. Alabama ex rel. Patterson, 357 U. S. 449, 457-458 (1958). We have also been mindful of the danger that novel state procedural requirements will be imposed for the purpose of evading compliance with a federal standard. See, e. g., NAACP v. Alabama ex rel. Flowers, 377 U. S. 288, 293-302 (1964).

Neither of these concerns applies here. First, no one could seriously entertain the notion that handler acted in “justified reliance” when he fled beyond the jurisdiction of the Pennsylvania courts. Even if a hypothetical escapee studiously examined the case law before making an informed decision that flight was worth it, that is not the reliance the law should be required to consider. There is no justification for an unlawful escape, which “operates as an affront to the dignity of [a] court’s proceedings.” Ortega-Rodriguez v. United States, 507 U. S. 234, 246 (1993). And if some prior court rulings allowed a former escapee to reinstate forfeited claims, there is no convincing reason to say a future escapee is entitled to similar treatment. Nor is there any indication that the Supreme Court of Pennsylvania adopted its forfeiture rule out of any hostility toward legitimate constitutional claims.

It is most doubtful that, in light of its underlying purposes, the adequate state ground doctrine ought to prevent a State from adopting, and enforcing, a sensible rule that the escaped felon forfeits any pending postverdict motions. The law is entitled to protect the regularity and predictability of its own processes, and its own interest in the prompt adjudication of disputed issues, by imposing a rule of waiver quite without regard to some notion of express or constructive reliance by the one who escapes. And if that principle had[*65] not been fully explicated in prior decisions, it seems to me that the State can establish a new baseline without later having its procedural bar ignored by the federal courts. This should be true even if the principles barring the postverdict motions are first elaborated in the instant case.

The process of elaborating, defining, and then shaping a State’s decisional law after considering the competing arguments in a specific case rests on this premise: Novel facts and circumstances may disclose principles that, while consistent with the logic and rationality the law seeks and in that sense predictable, still have not yet been defined with precision in earlier cases. This is the dynamic of the case system we rely upon to explain the law.

The adequate state ground doctrine ought not to foreclose the case process in the separate States. A too-rigorous or demanding insistence that procedural requirements be established in all of their detail before they can be given effect in federal court would deprive the States of the case law decisional dynamic that the Judiciary of the United States finds necessary and appropriate for the elaboration of its own procedural rules. See, e. g., Smith v. United States, 94 U. S. 97 (1876). Save where there is exclusive jurisdiction or federal supremacy, a proper constitutional balance ought not give federal courts latitude in the interpretation and elaboration of its law that it then withholds from the States. There is no sense in applying the adequate state ground rule without its being informed by these principles.

Whether the structure of this case either permits or requires consideration of these matters is not clear at this stage. In a proper case, however, these concerns should be addressed. It seems most doubtful that this Court can or should require federal courts to disregard a state procedural ground that was not in all respects explicit before the case when it was first announced, absent a showing of a purpose or pattern to evade constitutional guarantees. And this is particularly so when the state procedural requirement arose[*66] from the necessity, in new circumstances, to prevent a travesty of the State’s own respected system. In this context, the objecting party ought not to have the power to block federal courts from honoring state-law determinations that were otherwise valid, enforceable, and consistent with constitutional guarantees.