Lonchar v. Thomas

517 U.S. 314, 116 S. Ct. 1293, 134 L. Ed. 2d 440, 1996 U.S. LEXIS 2167
CourtSupreme Court of the United States
DecidedApril 9, 1996
Docket95-5015
StatusPublished
Cited by420 cases

This text of 517 U.S. 314 (Lonchar v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lonchar v. Thomas, 517 U.S. 314, 116 S. Ct. 1293, 134 L. Ed. 2d 440, 1996 U.S. LEXIS 2167 (1996).

Opinions

Justice Breyer

delivered the opinion of the Court.

This case asks us to decide whether a federal court may dismiss a first federal habeas petition for general “equitable” reasons beyond those embodied in the relevant statutes, Federal Habeas Corpus Rules, and prior precedents. We decide that the Court of Appeals erred in doing so in this case. The primary “equitable” consideration favoring dismissal of the “eleventh hour” petition before us is serious delay. A Federal Habeas Corpus Rule deals specifically with delay. See 28 U. S. C. § 2254 Rule 9(a) (permitting courts to dismiss a habeas petition when “it appears that the state ... has been prejudiced in its ability to respond ... by delay in its filing”). And, in our view, this Rule, not some general “equitable” power to create exceptions to the Rule, should have determined whether or not the petition’s dismissal was appropriate.

I

Petitioner Larry Lonchar was sentenced to death for murder nine years ago. He filed this “eleventh hour” petition [317]*317for habeas corpus — his first federal habeas corpus petition— on June 28, 1995, the day of his scheduled execution. To understand the procedural significance of this petition, the nature of the delay here at issue, and other relevant special features of this case, we must consider the petition in the context of earlier proceedings, which, for ease of exposition, we divide into five stages:

Stage One: Trial, Appeal, Execution Date: 1987-1990. In 1987, Lonchar was convicted in state court for murdering three people and sentenced to death by electrocution. A mandatory state-court appeal led to affirmance of the conviction and sentence in 1988. The trial judge then issued a death warrant for the week of March 23, 1990. Throughout these proceedings Lonchar said he wanted to die and refused to cooperate with his lawyer or to attend his trial. He also attempted (unsuccessfully) to waive his mandatory appeal, declined to authorize any collateral attacks on his conviction or sentence, and wrote the trial judge asking for an execution date.

Stage Two: Sister’s “Next Friend” Habeas: March 1990-February 1993. Two days before the scheduled execution, Lonchar’s sister, Chris Kellog, filed a “next friend” habeas petition in state court, claiming Lonchar was incompetent. Lonchar opposed the action and eventually the state and federal courts, at trial and appellate levels, held that Lonchar was competent and dismissed the petition. The state courts again issued a death warrant, this time for the week of February 24, 1993.

Stage Three: Lonchar’s own State Habeas: February 1993-May 1995. After Lonchar’s lawyer told him that his brother, Milan, was threatening to kill himself because of Lonchar’s execution, Lonchar authorized a habeas petition in state court and obtained a stay of execution. He subsequently changed his mind and told the judge he did not want to proceed. Although his lawyers objected that Lonchar was incompetent to make this decision, the judge dismissed [318]*318the petition without prejudice. A death warrant was issued for the week of June 23, 1995.

Stage Four: Brother’s “Next Friend” Habeas: June 20-June 23, 1995. Three days before the scheduled execution, Lonchar’s brother, Milan, filed another “next friend” habeas petition in state court. Lonchar again opposed it. Within three days, Milan’s petition met the same fate as his sister’s earlier petition. That is to say, federal and state courts, at trial and appellate levels, all found Lonchar competent and denied the petition.

Stage Five: Lonchar’s Current Habeas: June 23, 1995-Present. Immediately thereafter, after discussions with his lawyers, Lonchar filed another state habeas petition containing 22 claims, including one that challenged the method of execution. He told the state-court judge that he wished to pursue each of the 22 claims, but was litigating them only to delay his execution, with the hope that the State would change the execution method to lethal injection so he could donate his organs. The state courts stayed the execution briefly, and then, two days later, denied the petition. Lonchar immediately filed his first federal habeas petition, which set forth the same 22 claims.

The State asked that Lonchar’s federal petition be dismissed, stressing what it called Lonchar’s “inequitable conduct” in waiting almost six years, and until the last minute, to file a federal habeas petition. The District Court held that this could not constitute an independent basis for rejecting the petition. In its view, Habeas Corpus Rule 9, not some generalized equitable authority to dismiss, governed the case. And, it held, Rule 9’s authority to dismiss for “abuse of the writ” applied to “second or successive” habeas petitions, not to a first petition, such as Lonchar’s. See Ha-beas Corpus Rule 9(b) (“A second or successive petition may be dismissed if . . . the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ”) (emphasis added). The District [319]*319Court therefore granted a stay to permit time for consideration of the State’s other grounds in its motion to dismiss.

The next day the Court of Appeals for the Eleventh Circuit vacated the stay. 58 F. 3d 590 (1995). It pointed out that the District Court had “based its holding exclusively on Rule 9.” Id., at 592. It held that “equitable doctrines independent of Rule 9” applied, relying chiefly on this Court’s per curiam order in Gomez v. United States Dist. Court for Northern Dist. of Cal., 503 U. S. 653 (1992). 58 F. 3d, at 593. And, setting aside the Rules and traditional habeas doctrines, the court concluded that, in the circumstances of this case, “Lonchar does not merit equitable relief.” Ibid.

As mentioned above, we granted certiorari in order to consider whether a federal court may, in such circumstances, dismiss a valid first habeas petition for “equitable reasons” other than reasons listed in federal statutes and Rules, or well established in this Court’s precedents.

II

We first discuss a preliminary matter. We have before us a Court of Appeals order that vacates a stay, not an order to dismiss the habeas petition. We believe, however, that this fact makes no difference. That is, the Court of Appeals order vacating the stay is lawful only if dismissal of the petition would have been lawful. By bringing about Lonchar’s execution, vacating the stay would prevent the courts from considering the petition’s merits, just as would its dismissal.

This Court has previously considered, in a slightly different context, whether a court may allow a first federal habeas petition to be mooted by an execution, even though the court lacked the authority to dispose of the petition on the merits. In Barefoot v. Estelle, 463 U. S. 880 (1983), the Court considered the proper standard for granting or denying a stay pending consideration of an appeal from a dismissal of a first federal habeas petition. The Court stated:

[320]

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Bluebook (online)
517 U.S. 314, 116 S. Ct. 1293, 134 L. Ed. 2d 440, 1996 U.S. LEXIS 2167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lonchar-v-thomas-scotus-1996.