USA - Pennsylvania. The Supreme Court overturned a lower court decision throwing out the death sentence against Joseph J. Kindler

The Supreme Court on Tuesday overturned a lower court decision throwing out the death sentence against Joseph J. Kindler. Kindler, 49, white, was sentenced to death for the July 25, 1982 killing of David Bernstein, 22. Authorities said Kindler killed Bernstein, a fellow-burglar, to prevent him from testifying against him in an upcoming criminal trial. Kindler was convicted and sentenced to death in 1983, but his sentenced was not yet affirmed when, on September 19, 1984, he escaped from a Philadelphia jail and went to Canada. Kindler’s escape turned into an eight-year odyssey: he was captured in Canada in 1986, escaped a second time, was recaptured in 1988, legally fought extradition for three years, and was ultimately deported to the United States in 1991. On October 3, 1991, the trial court formally imposed Kindler's death sentence for the murder conviction. After his return to U.S. custody, Kindler sought to reinstate his original post-verdict motions, which the trial court had dismissed in 1984 because he was a fugitive. The trial court declined to reinstate the motions, due to his flight, and the Pennsylvania Supreme Court affirmed in 1996, holding that he had waived his right to post-conviction relief when he fled. Kindler then sought federal habeas relief, which, on SEPTEMBER 28, 2003 (see), U.S. District Judge J. Curtis Joyner granted. It held that because the Commonwealth’s fugitive-forfeiture rule was discretionary, it was “inadequate” to bar federal review, and it then ruled in Kindler’s favor on the merits of his claims. On appeal, the 3rd U.S. Circuit Court of Appeals affirmed. The State filed a petition for certiorari, which the U.S. Supreme Court granted on May 18. With today’s decision, the Supreme Court  will let lower courts consider reinstating the death sentence. The case is Beard v. Kindler, 08-992.