Kevin Johnson v. Superintendent Mahanoy SCI
Split Score
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Case Summary
Disposition
Affirmed
Kevin Johnson sought federal habeas relief from his 1988 Pennsylvania murder conviction, relying on recanting witnesses, undisclosed evidence, and ineffective assistance of counsel. The Third Circuit held that the district court properly denied relief and, in an exceptional situation, could refuse to accept the District Attorney’s waiver of procedural-default defenses; it therefore affirmed the denial of Johnson’s petition.
Circuit Split Identified
Legal Issue
Whether a federal habeas court has discretion to reject a State’s deliberate waiver of the procedural-default bar after Wood v. Milyard.
Circuit Positions
No discretion: courts must accept the State’s waiver of procedural default (strict reading of Wood v. Milyard).
Limited discretion exists; courts may reject a waiver in exceptional circumstances that threaten comity or the adversarial process.
Conflict Summary
The Sixth, Seventh, and Tenth Circuits read Wood v. Milyard to require federal courts to accept a State’s intentional waiver of procedural default in all circumstances, leaving no discretion to the habeas court. The Third Circuit in this opinion concludes that although Wood states a general rule, federal courts retain discretion to decline such waivers in extraordinary situations involving comity and adversarial-process concerns.